New York — Starting a Partition Action to Divide or Sell Real Estate
Detailed Answer — How partition actions work under New York law Short overview: When co‑owners of real property cannot agree about use, possession, sale, or division, any co‑owner can ask the New York Supreme Court to force a division of the property (partition in kind) or a sale and distribution of the proceeds (partition by […]
Read article →How to Buy Out Your Siblings’ Interests in a Co-Owned Home in New York
Buying Out Siblings’ Interests in a Co-Owned Home — Step-by-Step Guide (New York) Quick answer: To keep the home you co-own with siblings in New York, you typically must (1) confirm how title is held, (2) determine each owner’s share and the property’s value, (3) negotiate a buyout price and payment method, (4) document the […]
Read article →New York: Forcing a Sale of Family Property (Partition Actions Explained)
Detailed Answer When some family co-owners want to convert jointly owned real estate into cash but others refuse, New York law provides a court process called a partition action that can force a sale when physical division is impracticable. The process, criteria, and likely outcomes are governed by New Yorks Real Property Actions and Proceedings […]
Read article →New York: Rights When a Co-Owner Holds a Life Tenancy and Occupies the Property
Understanding Your Rights When a Co-Owner Has a Life Tenancy and Lives in the Property Quick answer: In New York, a co-owner who holds a life tenancy (a life estate) generally has the right to possess and use the property for the duration of the life estate. Other co-owners who hold the remainder interest (remaindermen) […]
Read article →Can a Life Tenant Remain in the House During a Partition in New York?
Short answer: Under New York law, a person who holds a life estate generally keeps the right to possess and occupy the property for the duration of the life estate even if a co‑owner sues for partition. However, a partition action can change what happens to the property — the court may divide the property […]
Read article →New York: Filing a Partition Action for Inherited Property When Co-Owners Are Unresponsive
What to do when co-owners of inherited property won’t respond: New York partition actions explained Disclaimer: This is general information only and not legal advice. Consult a licensed New York attorney about your specific situation. Detailed answer — How partition works in New York and what to do when co-owners are unresponsive If you inherited […]
Read article →New York: How a Court-Appointed Commissioner Handles a Private Sale of a Co-Owner's Share
Disclaimer This article explains how New York law typically handles a partition sale overseen by a court-appointed commissioner. This is general information, not legal advice. Consult a licensed New York attorney for advice about your specific situation. Detailed Answer: How a court-appointed commissioner handles a private sale in a New York partition action When co-owners […]
Read article →Force the Sale of an Inherited Parcel in New York — Legal Options and Next Steps
When a co-owner won’t sell an inherited parcel: Legal options in New York Short answer: If the property is owned as tenants in common, a co-owner can usually force a sale through a partition action under New York law. If ownership is joint with right of survivorship or tenants by the entirety, forcing a sale […]
Read article →New York — What Paperwork Proves House Expenses in a Partition Case
Detailed Answer Short answer: In a New York partition action, you will need original or certified documentary evidence showing both the nature of each expense and proof of payment. The court looks for contemporaneous receipts, invoices, canceled checks, bank or credit‑card statements, contracts, permits, and other materials that authenticate the expense and show it benefited […]
Read article →New York — Can I Recover Mortgage, Property Tax, and Other Carrying Costs from Sale Proceeds?
Short answer Maybe. Whether you can recover mortgage payments, property taxes, insurance, HOA fees, utilities, and other carrying costs from the proceeds when real property is sold in New York depends on who owns the property, what agreements (if any) exist between the owners, and the legal context (for example, a partition action between co-owners […]
Read article →