Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In New York, co-owners of real property may force a sale through a partition action under Real Property Actions and Proceedings Law (RPAPL) Article 9, Title A (RPAPL §901–940). A partition action begins when one co-owner (the plaintiff) files a summons and complaint in Supreme Court seeking either a physical division of the property (partition in kind) or, if that is impractical, a sale.
When the court determines that partition in kind cannot be made with reasonable convenience or equity, it will order a sale under RPAPL §931 (see text). The judge appoints a referee—often a real estate broker or attorney—to oversee a public auction or negotiated sale. After the property is sold, the referee pays off any liens and expenses, then distributes the net proceeds among the co-owners according to their ownership interests as set out in RPAPL §932 (see text).
Key steps in the process include: filing the partition complaint, serving all co-owners, attending court conferences, and cooperating with the court-appointed referee. Co-owners may contest the type of partition or valuation. If no agreement emerges, the court’s order governs the sale mechanics, timeline, and distribution of proceeds.
Helpful Hints
- Confirm ownership interests by reviewing the deed and chain of title before filing.
- Consider mediation with co-owners to avoid litigation costs and delays.
- Budget for court fees, referee fees, and appraisal costs that are deducted from sale proceeds.
- Attend all court conferences and follow referee instructions to prevent delays.
- Obtain independent appraisals to ensure the sale price is fair.
- Consult a qualified attorney experienced in New York partition law for tailored guidance.