Options to Force Sale or Division of Real Property You Still Co-Own with an Ex in New York

Short answer: In New York you can ask a court to partition the property (divide it physically or order a sale) under the Real Property Actions and Proceedings Law (RPAPL). You can also pursue negotiated options — a buyout, mediated settlement, or enforcing any terms in your divorce judgment. This article explains those options, the court process, and practical steps to prepare.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed New York attorney.

Detailed answer — how partition and related remedies work in New York

If you and your ex remain co-owners after divorce, you have several routes to end joint ownership. The primary legal remedy is a partition action under New York law. The relevant statutes are in the Real Property Actions and Proceedings Law (RPAPL), which governs actions to divide or sell co-owned real property.

1) Partition action (court-ordered division or sale)

A partition action asks the court to end co-ownership by:

Partition in kind — physically dividing the parcel into separately owned portions (rarely practical for single-family homes or small parcels); or
Partition by sale — ordering a sale of the entire property and dividing the proceeds among owners according to their ownership shares.

New York law provides the procedures and standards for partition actions. See RPAPL § 901 (action for partition) and RPAPL § 905 (when sale may be ordered): RPAPL § 901, RPAPL § 905. The court will consider whether a physical division is practical and equitable. If division would be wasteful, materially change property value, or is infeasible, the court will typically order a sale.

2) Enforcing terms of the divorce judgment

If your divorce judgment or separation agreement addressed the property (for example, awarding the house to one party subject to a buyout right for the other), you can enforce those terms in the Supreme Court or bring contempt or specific performance actions if the ex refuses to comply. Domestic relations law and your judgment control what remedies are available. See Domestic Relations Law § 236 for equitable distribution principles: DRL § 236.

3) Negotiated options (avoid court)

Buyout: One co-owner buys out the other’s share at an agreed price or appraised value.
Refinance and remove an ex from mortgage or title.
Mediation or collaborative settlement to set sale terms, timing, or buyout price.

4) Other considerations

Liens, mortgages, and unpaid taxes remain attached to the property and must be paid from sale proceeds or dealt with before clear distribution.
Creditors can intervene if they have liens; partition proceeds are subject to those encumbrances.
Tax consequences: sale or buyout may trigger capital gains tax or other tax events — consult a tax advisor.

Typical court partition process (what to expect)

Filing: A co-owner files a partition complaint in the New York Supreme Court in the county where the property sits (RPAPL governs the action).
Service and answer: The other owner must be served and can respond or raise defenses (e.g., claim for greater share, contractual rights, or that sale would cause undue hardship if statute or agreement provides protection).
Appraisal and referee: The court often appoints a referee to appraise the property and oversee sale procedures if it orders sale.
Sale: If the court orders sale, the property is sold (often at public auction or private sale under court supervision), liens are paid, and net proceeds are distributed by ownership share after costs.
Costs and timeline: Partition actions can take many months to over a year. Court fees, attorney fees, appraisals, and referee fees reduce the net proceeds. If one party acted vexatiously, courts may shift fees, but fees are commonly deducted from proceeds.

When the court may deny a sale or delay it

Court discretion matters. If a proposed sale would produce an inequitable result or if a co-owner can show a strong need to retain the property (and offers a viable plan to buy out or compensate other owners), the court may delay sale or order alternative relief. But generally, partition law favors ending joint ownership when requested by a co-owner.

Helpful hints — preparing and improving your position

Gather documents: deed(s), mortgage statements, tax records, divorce judgment and settlement, communications about the property, and proof of payments you made toward mortgage or improvements.
Check title and liens: Obtain a title report to see mortgages, judgments, or liens that affect proceeds.
Review your divorce judgment: Look for buyout rights, exclusive occupancy periods, or specific directions about sale timing.
Get an independent appraisal: Establish current fair market value to support buyout or distribution negotiations.
Consider mediation: Court costs and emotional strain often make settlement (buyout or agreed sale) a better option than litigating to partition.
Budget for costs: Legal fees, court costs, appraisal, and possible broker/referee fees will reduce what you ultimately receive.
Protect your credit: If you are on the mortgage, stay current on payments — partition or sale won’t remove a mortgage without payoff.
Talk to a real estate attorney: New York partition law has procedural rules and local practices that affect outcomes. An attorney can advise on forum, likely timing, and chances of settlement vs contested litigation.

Key statutory references: RPAPL § 901 (action for partition) and RPAPL § 905 (when sale may be ordered): https://www.nysenate.gov/legislation/laws/RPAPL/901, https://www.nysenate.gov/legislation/laws/RPAPL/905. For equitable distribution and divorce-related property issues, see Domestic Relations Law § 236: https://www.nysenate.gov/legislation/laws/DOM/236.

Next steps

If you want to force a sale or division, start by:

Reviewing your divorce judgment for property provisions.
Obtaining title and mortgage records.
Getting an appraisal and at least one consultation with a New York real estate or family-law attorney to evaluate filing a partition action versus settlement.

When you consult an attorney, bring all documents you have about ownership and the divorce to help the attorney assess timing, costs, and the best path forward.

Remember: this article provides general information about options under New York law and is not a substitute for personalized legal advice.