Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice about your situation.
Detailed Answer
In New York, co-owners use a partition action to divide property or sell it and split the proceeds. A court-appointed commissioner oversees sale or division. You can either initiate the action or consent to place property with a commissioner under RPAPL § 901 et seq.
1. Initiating a Partition Action
- Prepare the Summons and Complaint: Draft a summons and complaint stating each co-owner’s name, property description, and grounds for partition. See RPAPL § 901.
- File with the Clerk: Submit the summons, complaint, and filing fees to the Supreme Court clerk in the county where the property lies (RPAPL § 902).
- Serve Co-owners: Deliver the signed summons and complaint to all co-owners by personal service, registered or certified mail, or as court allows (CPLR § 308).
- Request Appointment of a Commissioner: Include a proposed order appointing a commissioner to manage sale or division under RPAPL § 914.
- Attend Court Conference: The court sets deadlines and addresses preliminary issues, including commissioner powers.
2. Consenting to a Court-Appointed Commissioner
- Review the Proposed Order: The court issues an order appointing a commissioner. Read the order for commissioner duties, sale method, and notice requirements.
- Submit Written Consent: Sign and file a consent form with the clerk. Your consent lets the commissioner list and sell property without further delay.
- Provide Access: Allow property inspection and appraisal. The commissioner cannot act until co-owners cooperate.
- Receive Sale Notice: The commissioner must send you notice of the sale date, published according to RPAPL § 913.
- Participate If Needed: Although you consented, you may object to the appraisal or sale terms by motion before the closing date.
After sale or division, the commissioner files a final report. The court reviews it and issues a judgment directing distribution of proceeds or transfer of divided property.
Helpful Hints
- Start early: Partition actions often take months from filing to sale.
- Hire an attorney: Legal guidance ensures compliance with RPAPL requirements.
- Gather documents: Title deeds, mortgage info, and co-owner contact details help prepare your complaint.
- Keep communication open: Coordinate with co-owners to avoid delays.
- Attend hearings: Court conferences address disputes and clarify commissioner duties.