Disclaimer

This article explains how New York law typically handles partition and sale of real property owned by multiple people. This is general information only and is not legal advice. Consult a licensed New York attorney about your specific situation before taking action.

Detailed Answer — How New York law lets a co-owner force a sale

Under New York law, a co-owner of real property can ask a court to divide or sell the property through a partition action. Partition actions are governed by the Real Property Actions and Proceedings Law (RPAPL), which authorizes co-owners to seek either a physical division of the land (partition in kind) or a sale of the property when division is impractical. See RPAPL § 901 et seq.: https://www.nysenate.gov/legislation/laws/RPA/901.

1. Confirm how title is held

Before you act, confirm the current title and ownership form:

• If the deed already names you and your sibling as co-owners (for example, as tenants in common), you generally can bring a partition action directly in New York Supreme Court.
• If the house remained solely in your late father’s name and his estate has not been administered, you will likely need to get title cleared through the Surrogate’s Court (probate/administration) before a clean partition or sale can take place. For Surrogate’s Court information, see the New York Courts site: https://www.nycourts.gov/courts/nyc/surrogates/.

2. Is a partition in kind possible?

The court decides whether the property can be fairly divided. For a single-family home on one lot, division in kind is usually impractical. When the court finds division would be unfair or impractical, it will order a sale and divide the proceeds among the owners according to their ownership shares.

3. Typical process to force a sale (partition by sale)

1. File a partition action in New York Supreme Court naming all record owners and anyone with an interest (mortgagees, lien holders, heirs, and anyone who might claim an interest).
2. The court will notify all parties and may require mediation or settlement efforts first in some counties.
3. If the court orders partition by sale, it usually appoints a referee (or a commissioner) to handle appraisal, advertising, and sale of the property. The referee conducts or supervises the sale under the court’s direction.
4. Sale proceeds pay liens, taxes, sale costs, referee fees, and court costs. Net proceeds divide among owners per their ownership interests after accounting for credits (e.g., contributions for improvements, mortgage payments) the court allows.
5. The court will issue a judgment of partition and direct distribution of funds. That judgment clears title and transfers the buyer’s deed upon sale.

4. Practical considerations and common complications

• Mortgage and liens: A mortgage on the property remains attached to the land and must be paid from sale proceeds or otherwise addressed. The purchaser usually takes title subject to those debts unless paid off at closing.
• Probate issues: If title never passed out of your father’s name, you may need letters testamentary or administration from Surrogate’s Court to clear title or to show the estate’s interests. Partition actions require naming all owners and claimants.
• Buyout option: Your sibling can buy your share (or you can buy theirs) rather than sell to a third party. Courts sometimes permit apportionment or credit for improvements or payments made by one owner.
• Costs and timing: Partition actions can take many months to over a year. Expect court fees, referee or broker fees, appraisal costs, and attorney fees if you hire counsel.

5. Where to file and which rules apply

Partition actions are civil actions filed in the New York Supreme Court in the county where the property is located. The statutory authority is in the RPAPL (see RPAPL § 901 and surrounding sections). For procedural and local rules, check the county Supreme Court clerk and the New York State Courts website: https://www.nycourts.gov/courthelp/.

6. When to get an attorney

Partition actions can involve complex title, probate, mortgage, and equitable-credit issues. If parties disagree, an attorney experienced in New York real property litigation or estate administration can:

• Review title and deed language (tenancy in common vs. joint tenancy with right of survivorship).
• Assess whether you need to open a probate/administration case first.
• Prepare and file the partition complaint and represent you at hearings.
• Negotiate buyouts or mediated settlements to avoid a contested sale.

Helpful Hints

• Get a copy of the deed at the county clerk’s office to confirm how title is held.
• Check for a will or a pending probate/administration in Surrogate’s Court before filing a partition action.
• Gather documents: deed, recent mortgage statements, tax bills, insurance policy, utility bills, and receipts for improvements.
• Talk to your co-owner (sibling) about buyout or sale options before going to court; mediation can save time and money.
• Be prepared for court costs, appraisal/referee fees, and a potentially lengthy timeline; ask an attorney for an estimate of likely expenses in your county.
• If the property has a mortgage, contact the mortgage lender to learn how a sale will affect payoff and whether the lender requires approval for sale proceeds handling.
• Consider tax consequences: selling real property may trigger capital gains tax; consult a tax advisor for specifics.
• If you need to clear title because the estate hasn’t been administered, start with Surrogate’s Court to obtain letters of administration or probate documents.

For general statute text on partition actions in New York, see RPAPL (Real Property Actions and Proceedings Law): https://www.nysenate.gov/legislation/laws/RPA/901. For Surrogate’s Court and probate information, visit the New York Courts Surrogates pages: https://www.nycourts.gov/courts/nyc/surrogates/.

If you decide to proceed, the immediate practical next steps are: (1) verify how title currently stands, (2) determine whether the estate requires probate/administration, (3) attempt a negotiated buyout or sale, and (4) consult a New York real property attorney to evaluate filing a partition action if negotiation fails.