What Is a Partition Action?

A partition action is a lawsuit that allows co-owners of real property—such as family members, business partners, or investors—to divide or sell the property when they cannot agree on its use or disposition.

Under New York law, anyone with an ownership interest may file. The governing statute is Real Property Actions & Proceedings Law § 901.

Grounds and Eligible Parties

Co-owners include tenants in common and joint tenants. Each owner, regardless of share size, has an equal right to seek partition. The court will grant relief if the property is held in co-ownership and no valid agreement prohibits partition.

Types of Partition

Partition in Kind

The court physically divides the land into separate parcels. Each owner takes title to a portion roughly equal to their share. This option preserves each owner’s interest in a specific plot.

Partition by Sale

If physical division is impractical—due to size, shape, or improvements—the court orders a sale and divides the proceeds. See RPAPL § 902.

Step-by-Step Process

1. Filing the Complaint: The plaintiff (owner seeking partition) files a complaint in Supreme Court in the county where the property sits.
2. Service of Process: All co-owners must be served. They may choose to join the action or oppose partition.
3. Pre-Trial Conference and Discovery: The court may schedule a conference to narrow issues. Parties exchange information about property value and expenses.
4. Appraisal: The court appoints or approves an appraiser to determine fair market value.
5. Election of Partition Method: The court considers whether partition in kind is equitable. If not, it orders a sale.
6. Sale or Division: For partition by sale, the property goes to auction or private sale under court supervision. Net proceeds are distributed according to ownership shares after deducting costs (e.g., appraisal fees, attorney’s fees, and commissions).
7. Owelty Adjustment: If one party receives more acreage than their share, the court orders an “owelty” payment to equalize values.
8. Final Judgment: The court issues a judgment of partition. It conveys title to divided parcels or confirms the sale and distribution of proceeds.

Hypothetical Example

Three siblings inherit a vacation home in the Catskills as tenants in common. Two want to keep it; one wants to sell. The dissenting sibling files a partition action in Ulster County Supreme Court. The court orders an appraisal, finds division impractical, and directs a sale. After costs, each sibling receives one-third of the net sale proceeds.

Key Statutory References

• RPAPL § 901 – Right to Partition
• RPAPL § 902 – Partition by Sale

Helpful Hints

• Review any co-ownership agreements before filing.
• Obtain a preliminary property valuation to estimate costs.
• Consider mediation to avoid court costs and delays.
• Keep detailed records of expenses and improvements.
• Hire an appraiser with New York residential or commercial experience.