Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer: Filing a Partition Petition in New York
Under New York law, co-owners can divide or sell jointly held real estate through a partition action governed by Real Property Actions and Proceedings Law (RPAPL) Article 9. A partition petition asks the court to either divide the land among the owners or order its sale and distribute the proceeds.
1. Draft the Verified Petition and Summons
Prepare a verified petition that lists all co-owners (including heirs and devisees), describes the property by address and metes and bounds, and states the grounds for partition. Attach a summons directing each party to appear. Cite RPAPL §901 (RPAPL 901).
2. File with the County Clerk
Submit the original petition, summons, and a civil filing fee to the county clerk in the county where the property is located. Fees vary by county; review the clerk’s fee schedule online or in person.
3. Serve Co-Owners and Interested Parties
Serve each co-owner, lienholder, mortgagee, and any occupant with a copy of the petition and summons. Service must comply with RPAPL §902 (RPAPL 902). Use personal delivery, certified mail with return receipt, or court-approved process servers.
4. File Proof of Service
File affidavits or certificates of service with the court before the initial hearing. The court will not proceed without proof that all parties received notice.
5. Request a Referee or Proceed to Sale
If parties cannot agree on an in-kind division, ask the court to appoint a referee to physically divide the land or to order a sale. The referee’s powers and procedures are set out in RPAPL §935 (RPAPL 935).
6. Obtain Final Judgment and Distribute Proceeds
After partition by division or sale, the court enters a judgment allocating parcels or distributing proceeds according to each party’s ownership interest. Each co-owner receives title to their parcel or a share of the sale net of costs.
Helpful Hints
- Review the property’s deed and chain of title to confirm all owners and interests.
- Verify each party’s current address to ensure proper service.
- Contact the county clerk in advance for exact filing fees and formatting rules.
- Consider mediation to reach an amicable division before filing suit.
- Maintain a file with copies of all documents, service receipts, and court orders.