How to Start a Partition Lawsuit in New York for Inherited Land

FAQ: What steps do I take to start a partition lawsuit in New York when relatives who inherited the land with me refuse to agree?

Short answer

If you and other heirs own property together and you cannot agree on dividing or selling it, you can ask the New York Supreme Court (the trial court for real property matters) to force a division or judicial sale through a partition action under New York law. The action requires preparing and filing a complaint that names all co-owners and interested parties, serving them, and asking the court to either divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale). For the statutory framework, see New York’s Real Property Actions and Proceedings Law (RPAPL), Article 9: https://www.nysenate.gov/legislation/laws/RPAPL. Also see the New York State Courts website for general court procedures: https://www.nycourts.gov/.

Disclaimer

This article is for informational purposes only and is not legal advice. I am not a lawyer. For guidance specific to your situation, consult a licensed New York attorney.

Detailed answer — step by step under New York law

1. Confirm who actually owns the property

Before filing anything, confirm ownership by gathering documents that prove title and the chain of ownership: deeds, the decedent’s will or probate paperwork (letters testamentary or letters of administration), death certificate, prior surveys, mortgage statements, tax bills, and any recorded easements or liens. If the property passed through probate, make sure the estate administration is complete or determine whether the estate itself must be named as a party. Co-ownership typically takes the form of tenants in common for inherited land; partition actions are available to co-owners who hold legal or equitable interests. If you are unsure about title, a title search or attorney review will clarify who must be joined in the lawsuit.

2. Try negotiation first (optional but wise)

Courts favor resolution outside litigation when possible. Consider a written demand to co-owners stating you seek partition and offering options: voluntary sale, one party buying out others, or mediation. A voluntary agreement avoids court costs and long delays. But if relatives decline to negotiate, you can proceed with a partition action.

3. Prepare and file a complaint in the correct court

In New York, partition actions are typically filed in the Supreme Court in the county where the property is located. Your complaint should:

Identify the property (street address and legal description if available).
Name all co-owners, heirs, devisees, the estate (if relevant), lienholders, mortgagees, judgment creditors, and anyone with an interest in the property.
State the nature and amount of each party’s claimed interest, and allege that the parties cannot agree on use, sale, or division.
Ask the court for partition in kind if practicable, or for a partition sale if a physical division is impracticable.
Ask the court to appoint a referee or commissioner to oversee the partition, sale, and distribution of proceeds, and to determine allowances or credits for improvements, taxes, rents, or mortgage payments made by co-owners.

For the statutory authority and rules governing partition actions, see RPAPL Article 9: https://www.nysenate.gov/legislation/laws/RPAPL. The Supreme Court handles the procedure and can appoint a referee to carry out sales and accountings.

4. Serve the complaint and join necessary parties

After filing, you must serve the complaint on all named defendants according to New York Civil Practice rules (service methods depend on where defendants live and whether they are individuals, corporations, or estates). The court requires that all persons with a recorded or known interest be made parties so the court can resolve competing claims once and for all.

5. Court process — partition in kind vs. sale

The court will consider whether a partition in kind (dividing the land into separate parcels and giving each party a portion) is fair and practicable. If the property cannot be fairly divided—because of size, topography, access, or impracticality—the court will order a sale and divide proceeds among the owners according to their ownership shares. The court may:

Order an appraisal to determine value.
Appoint a referee (or commissioner) to physically divide the property, oversee a public sale, or handle distribution of proceeds.
Decide credits or charges for improvements, necessary repairs, mortgage payments, taxes, rents, or waste.

6. Sale, accounting, and distribution

If the court orders sale, the referee usually advertises and conducts a public auction or a judicial sale under court supervision. Sale proceeds pay liens, taxes, sale costs, attorney and referee fees, and then are distributed to the owners based on court-determined shares and any credits. The referee files an accounting and a proposed distribution for the court’s approval.

7. Timing and costs

Partition actions can take several months to more than a year, depending on complexity, whether parties contest, and whether a sale is required. Expect court filing fees, service costs, appraisal and survey fees, referee fees, and attorney fees. The court may award fees and costs among the parties based on conduct, contributions, and equities.

8. Practical complications to watch for

Mortgages, tax liens, and judgment liens attach to the property and must be resolved at sale.
If the property is held in trust, is part of an ongoing estate administration, or is subject to a life estate, different procedural steps or parties may be necessary.
Improvements made by one co-owner may entitle that co-owner to credit; conversely, waste or unauthorized removal of value can lead to charges against a co-owner.
Adverse possession claims by occupants or unresolved boundary disputes can complicate proceedings.

Helpful Hints

Gather title documents, wills, probate papers, surveys, and mortgage statements before speaking to an attorney. Clear documentation speeds the process and reduces surprises.
Consider an appraisal early. A current market valuation helps parties evaluate buyouts or set expectations for sale proceeds.
Attempt mediation or neutral valuation before filing. Courts often view reasonable settlement efforts favorably and litigation costs can exceed the benefits of dividing a small-value parcel.
If you want to keep the land, propose a buyout: offer to purchase other owners’ shares at an agreed price or post a bond in court to buy their interests after appraisal.
Ask the attorney about temporary orders to preserve the property (for example, injunctions preventing removal of fixtures, or orders requiring co-owners to pay their share of mortgage and taxes during litigation).
Be realistic about costs. Partition litigation and sale expenses (including broker or referee fees) will reduce net proceeds.
If heirs live in different states or there are many unknown claimants, the attorney must use broader service and notice procedures; expect more time and expense to locate and notify all parties.
Check potential tax consequences of a sale or buyout (capital gains, basis adjustments). Consult a tax professional for specific tax guidance.

When to consult a New York attorney

Consult an attorney when you need help: identifying proper defendants, drafting and filing the complaint, requesting interim relief, handling title issues, or navigating any competing claims. A lawyer can explain local court practice in the county where the property is located and help you evaluate whether partition in kind or sale is likely.

Useful official resources:

RPAPL (Real Property Actions and Proceedings Law), Article 9 (Partition actions): https://www.nysenate.gov/legislation/laws/RPAPL
New York State Unified Court System: https://www.nycourts.gov/

Final note

Starting a partition action is a formal, sometimes lengthy process. If your relatives refuse to agree, a partition lawsuit provides a legal path to resolve co-ownership and divide or sell the inherited land. Prepare documentation, consider alternatives first, and consult a licensed New York attorney to guide you through filing, service, and court procedures.