How to File a Partition Action to Force Sale of Inherited Land in New York | New York Partition Actions | FastCounsel
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How to File a Partition Action to Force Sale of Inherited Land in New York

August 14, 2025 6 min read

Detailed Answer

Short overview. In New York, a co-owner (including an heir who received land as an inheritance) can ask the Supreme Court in the county where the land lies to partition the property. A partition action asks the court either to divide the land physically among the owners (partition in kind) or, if that is impractical, to order a sale and divide the proceeds. Partition actions are governed by New York’s Real Property Actions and Proceedings Law (RPAPL), Article 9. See RPAPL, Article 9: https://www.nysenate.gov/legislation/laws/RPAPL

Step-by-step: How to file a partition action in New York

  1. Confirm your ownership interest.

    Get a certified copy of the deed or the decedent’s estate documents that show you own an interest (usually as a tenant in common if you inherited an interest and title was not held as joint tenancy with right of survivorship). If the decedent’s estate is still open, determine whether the executor or administrator has distributed title. If an estate representative still controls the property, you may need to join that representative as a party.

  2. Do a title search and gather documents.

    Obtain a title search (or at least review the county clerk/registrar records). Collect: the deed, death certificate, will or probate papers (if any), mortgage statements, tax records, surveys, and any written agreements among co-owners. Knowing liens or mortgages is critical because they affect sale proceeds and the court’s orders.

  3. Try an out-of-court resolution first.

    Before you sue, consider negotiating a buyout, selling the property by agreement, or mediation. Courts often encourage parties to settle because partition litigation can be costly and slow.

  4. Prepare and file the partition complaint in Supreme Court.

    File the partition complaint in the New York State Supreme Court in the county where the property is located. The complaint must name all persons with an interest in the property (record owners, mortgage holders, lienholders, known heirs) as defendants. If some owners are unknown, you may need to name John Doe defendants and ask the court to permit service by publication.

    RPAPL authorizes actions for partition; see RPAPL, Article 9: https://www.nysenate.gov/legislation/laws/RPAPL

  5. File a Notice of Pendency (lis pendens) if appropriate.

    To protect the action’s effectiveness against subsequent purchasers or mortgagees, you can file a notice of pendency (lis pendens). That is governed by the CPLR (Article 65). Filing a notice warns potential buyers or lenders that the property is subject to litigation: https://www.nysenate.gov/legislation/laws/CPLR/A65

  6. Serve all parties and respond to procedural requirements.

    Serve the summons and complaint on all defendants according to the CPLR. Unserved parties or minors may require special procedures—a guardian ad litem or court-appointed representative may be needed for minors, incapacitated persons, or unknown heirs.

  7. Ask the court for partition in kind or for sale.

    The complaint should state whether you seek partition in kind (physical division) or a sale. If the property cannot be fairly divided or division would cause great damage or be impractical, the court can order sale and direct how proceeds should be distributed. The court may appoint a referee to make a survey, carry out the sale, and report back.

  8. Referee appointment, sale, and distribution.

    If the court orders sale, it typically appoints a referee (or special referee) to conduct the sale under court supervision. The referee prepares a report; the court confirms the sale, pays secured claims (mortgages, liens, taxes), deducts expenses and fees, and distributes the net proceeds to co-owners according to their ownership shares. The court may allocate costs of the action between the parties.

  9. Be prepared for objections and appeals.

    Defendants may try to challenge the complaint, asserting ownership disputes, equitable claims, or liens. The case timeline varies: simple uncontested matters might finish in months; contested cases can take a year or more, depending on complexity and appeals.

Who must be joined and special situations

  • All co-owners listed in the public record must be named as defendants.
  • Mortgagees and recorded lienholders should be joined so the court can address liens against the property and order payment from sale proceeds.
  • If a decedent’s estate has not been fully administered, join the executor/administrator or the Surrogate’s Court may need to be involved to clear title.
  • For minors, incompetents, unknown heirs, or absentee owners, the court may require appointment of a guardian ad litem or permit service by publication.

Practical timeline and costs

Filing fees, service fees, referee fees, appraisal costs, publication costs, attorney fees, and court costs can add up. The court may award costs and fees against the losing party or allocate them among owners. Expect a minimum timeline of several months for uncontested sales; contested matters commonly take a year or longer.

Where to look in the law

  • New York Real Property Actions and Proceedings Law (RPAPL), Article 9 (partition law): https://www.nysenate.gov/legislation/laws/RPAPL
  • Notice of pendency (lis pendens) and CPLR procedures: CPLR Article 65: https://www.nysenate.gov/legislation/laws/CPLR/A65

When to get help from an attorney

Consider hiring a New York real property attorney if:

  • Title is unclear or contested.
  • There are multiple liens or mortgages on the property.
  • Some co-owners are missing, minors, or incapacitated.
  • You want to challenge another party’s equitable claims or require complex accounting.

Disclaimer

This article is for general informational and educational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. For advice about your particular situation, consult a licensed New York attorney.

Helpful Hints

  • Start with a title search before filing. It will identify lienholders and who must be joined.
  • Collect death certificates, probate papers, deeds, tax bills, and any written co-owner agreements before you meet an attorney or file.
  • File a Notice of Pendency (lis pendens) to protect the property from third-party transactions while suit is pending (see CPLR Article 65: https://www.nysenate.gov/legislation/laws/CPLR/A65).
  • Consider mediation or a buyout. Court-ordered sale often reduces value compared with a voluntary market sale.
  • Expect the court to appoint a referee for sales. Budget for appraisal and advertising costs; they come out of sale proceeds.
  • If heirs or co-owners live in another state or cannot be found, you may need service by publication—plan extra time and cost.
  • Document all communications with co-owners. Written offers or rejections can help in court and settlement discussions.
  • Ask for a breakdown of expected fees from any attorney you consult—billing structures vary (hourly vs. flat vs. contingency for sale).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.