Overview: Your options when co‑owners won’t agree in New York
Detailed answer
When multiple people inherit or otherwise own a piece of real property together, New York law gives each co‑owner a legal remedy to end the co‑ownership even if other owners refuse to cooperate. The usual route is a partition action in New York State Supreme Court (the trial court for real property cases). The court can either divide the property physically (partition in kind) or order the property sold and split the proceeds among owners according to their ownership shares.
Key statutory authority for partition actions in New York can be found in the Real Property Actions and Proceedings Law (RPAPL). See RPAPL § 901 for the basic right to bring a partition action and the court’s power to order partition or sale: N.Y. RPAPL § 901.
Can one co‑owner force a sale if others refuse to mediate or sign?
Yes. Refusing mediation or refusing to sign documents does not permanently block a partition action. Any co‑owner (including an heir or legatee who becomes a tenant‑in‑common) may start a partition suit. After proper service and notice, the court can proceed even over the objections of non‑cooperative owners. If the court finds a physical division is impracticable or would prejudice the owners, it can order a sale and distribute the net proceeds.
Typical court process and remedies
- Filing: One owner files a partition complaint in Supreme Court and serves the other owners and interested parties.
- Court evaluation: The court examines the property, ownership shares, and whether an in‑kind division is feasible.
- Order of partition or sale: If division is impractical, the court may appoint a referee/commissioner to sell the property at public auction or private sale under court supervision.
- Distribution: After liens, mortgages, taxes, sale costs, and attorney fees are paid, remaining proceeds are divided according to each owner’s legal interest.
What about mediation?
Mediation is often encouraged and may be required by local court rules or judges as part of case management, but refusal to mediate typically does not prevent the court from moving forward with a partition action. The judge can compel settlement conferences or alternative dispute resolution in some cases, but ultimate authority to order sale rests with the court under RPAPL.
Practical alternatives the court may consider
- Buyout: The court may allow or facilitate a buyout where one owner purchases the others’ interests at appraised fair market value.
- Partition in kind: If the land can be subdivided fairly, the court may divide it physically.
- Sale under supervision: If sale is ordered, a referee often conducts the sale and reports results to the court for confirmation.
Special situations and limits
- Tenancy by the entirety: Property held as tenancy by the entirety (normally married couples) has different protections; a third‑party partition action by one spouse against the other is usually not available.
- Mortgages and liens: Outstanding mortgages or liens survive partition; they are typically paid from sale proceeds or treated according to priority.
- Probate and executors: If the property is in a decedent’s estate, the executor or administrator may need court approval to sell. Surrogate’s Court procedures and estate instruments can affect timing and options.
- Costs and time: Partition suits can take many months (or longer), generate court and attorney fees, and reduce net proceeds.
Where to find the law
For the statutory starting point, review RPAPL § 901 and surrounding sections for details on partition remedies: N.Y. RPAPL § 901. For practical court information, local county Supreme Court rules and the New York State Unified Court System web pages can provide case management and mediation requirements.
Helpful hints
- Gather documents: deeds, wills, letters of administration, mortgage statements, tax bills, and title history.
- Confirm ownership form: Determine if the property is held as tenants in common, joint tenants with right of survivorship, or tenants by entirety—each affects remedies.
- Get a valuation: Obtain a current market appraisal or broker price opinion before negotiating or filing suit.
- Try a written offer: Offer a formal buyout in writing; courts often favor attempts at voluntary resolution.
- Consider costs vs. gain: Partition litigation costs can erode proceeds; estimate legal fees and sale costs first.
- Be prepared for court‑supervised sale: If a sale is ordered, expect appointment of a referee and court confirmation of the sale terms.
- Check for probate issues: If the property is part of an estate, consult the executor or Surrogate’s Court rules before acting.
- Talk to a real property or probate attorney: An attorney can evaluate ownership, advise on mediation, negotiate buyouts, or file a partition action when necessary.