Detailed Answer

This article explains, under New York law, how co-owners can start a partition action to divide or sell shared real property. This is a general, plain‑language guide for people with no legal background. It is not legal advice—see the disclaimer at the end.

What a partition action is (simple definition)

A partition action is a court case brought by one or more co-owners of real property that asks the court to divide the property among the owners (partition in kind) or to order the property sold and the proceeds divided (partition by sale). New York’s rules for partition proceedings are found in Article 9 of the Real Property Actions and Proceedings Law (RPAPL). For the statute text, see RPAPL Article 9: https://www.nysenate.gov/legislation/laws/RPA/901 and related sections such as RPAPL § 911 on sale when partition in kind is impracticable: https://www.nysenate.gov/legislation/laws/RPA/911.

Who can file

Any current owner of a legal or equitable interest in the property (for example, tenants in common or joint tenants) may file a partition action. Co-owners with liens or mortgages, or parties with recorded interests (easements, judgment liens), are generally required to be named or joined so the court can address those claims when dividing or selling the property.

Step-by-step: How co-owners initiate a partition action in New York

1. Confirm who owns what.

   Get the deed and run a title search or obtain a copy of the county land records to identify all owners and any recorded mortgages, liens, or other claims against the property. Understanding ownership shares (if documented) helps the court allocate proceeds or physical portions.

2. Try voluntary resolution first.

   Before filing, offer a written demand for partition or a buyout. Courts in New York expect parties to attempt resolution where possible. A documented offer or attempt to mediate can be helpful later in the case.

3. Prepare the complaint for partition.

   The plaintiff (the owner who files) prepares a summons and complaint that identifies the property, describes each party’s interest, and asks the court for partition in kind or, if division is impractical, for sale and distribution of proceeds. The complaint should name all persons with a known interest in the property.

4. File in the correct court and county.

   File the partition action in the Supreme Court for the county where the property is located (in New York State, the Supreme Court handles partition actions). Check local court rules for filing requirements and fees.

5. Serve the other parties.

   After filing, serve the summons and complaint on every co-owner and any known lienholders or interested parties according to New York civil procedure rules (service methods and timing follow the CPLR rules). Unserved parties may later challenge the judgment, so service must be correct.

6. Court appointment of a referee or commissioner.

   The court typically appoints a referee or commissioner to examine the property, report whether a partition in kind is practical, and, if necessary, supervise the sale. The referee prepares a written report and recommendation for the court.

7. Determination: division in kind or sale.

   If the property can be fairly divided so each owner receives a physically distinct portion without substantially reducing value, the court may order partition in kind. If division would be impractical or would impair value, the court will order a sale (often held by the referee) and direct how to distribute net proceeds among owners and creditors.

8. Payment of liens, mortgages, and costs.

   The court will generally require that liens, outstanding mortgage balances, and proper costs of the action (including referee fees and sales costs) be paid out of sale proceeds before distributing the remainder to co-owners according to their ownership shares.

9. Final judgment and conveyance.

   When the court issues a final partition judgment, the referee or court will handle conveyance of divided parcels or sale proceeds distribution. The judgment is recorded to clear title to the new ownership interests or to transfer title from the seller to the buyer after a sale.

Practical items and documents to gather before filing

• Deed(s) showing current ownership and chain of title.
• Mortgage statements and payoff information.
• Property tax bills and utility bills.
• Any operating agreements, partnership agreements, or wills that affect property interests.
• Survey or plat map if available. If not, the referee may order a survey.
• Evidence of any payments to or from co-owners (expenses paid, rents collected, improvements made).

Timeline and costs

Partition cases vary. A simple uncontested partition can close faster; typical contested matters take many months or more than a year. Costs include court filing fees, attorney’s fees, referee/commissioner fees, survey costs, mortgage payoffs, and sale costs. The court may allocate costs among the parties or order them paid from sale proceeds.

Common issues and questions

Can a joint tenancy be partitioned?

Yes. A joint tenant can file for partition. A successful partition usually severs the joint tenancy as to the portion allocated to each owner; consult counsel about survivorship and other consequences.

Will the property be sold at auction?

The court may order a public auction or allow a private sale under court supervision. The referee typically handles the sale process under court directions.

Can I stop my co-owner from selling the property privately?

A co-owner cannot sell other co-owners’ ownership interests without their consent. A partition action asks the court to handle sale of the whole property or division in kind; co-owners should not transfer interests without notice to all owners.

What if there are tenants, rental income, or ongoing expenses?

The referee and court will account for rents, profits, and expenses. Parties should document income and costs—these affect the division of proceeds or allocation of responsibility.

Alternatives to a partition action

• Negotiate a buyout (one owner buys out the others).
• Sell the property by mutual agreement and split proceeds privately.
• Use mediation or a neutral facilitator to reach an agreement without court.
• Enter into a written co-ownership agreement that governs sale, buyouts, and use going forward.

Helpful Hints

• Start by collecting deeds, mortgage info, tax bills, and any agreements affecting the property.
• Document any attempt to resolve the dispute in writing (offers to buy out, to sell, or to mediate).
• Use mediation before filing—courts often encourage settlement and it saves time and money.
• Consider tax consequences of a sale; consult a tax professional about capital gains and basis allocations.
• Ask the court or an attorney about local procedures; filing rules and fees differ by county.
• If you are named in a partition action, respond to the complaint on time to protect your rights—failure to respond may result in default judgment.
• Keep clear records of payments, improvements, and rent—these can affect how costs and proceeds are allocated.
• Consider consulting a New York attorney experienced in real property and partition; an attorney can prepare pleadings, advise on strategy, and ensure proper service and notice to all parties.

Disclaimer: This information explains general New York partition procedures and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New York attorney.