New York — Documents and Information to Provide Your Lawyer to Start a Partition Case

Detailed Answer

Under New York law, co-owners of real property (tenants in common, joint tenants, or holders of fractional interests) may ask a court to partition property when they cannot agree on its use, sale, or division. See New York Real Property Actions and Proceedings Law (RPAPL) governing partition actions, including RPAPL §901 (when partition lies): https://www.nysenate.gov/legislation/laws/RPAPL/901.

To start a partition case your lawyer must identify the property, the parties with interests, and any encumbrances. At the initial stage, gather documentary evidence and factual information so your attorney can prepare a complaint, identify required defendants (co-owners, mortgagees, lienholders, tenants, and anyone with a recorded interest), and decide whether to seek partition in kind (physical division) or a sale.

Core documents and information to provide

• Deed(s) for the property (all recorded deeds showing current ownership). Provide copies of the recorded deed with book/page or liber/folio information.
• Chain of title or any title search information you have. If you do not have one, tell the attorney so they can order a title search or title report.
• Mortgage and lien documents (mortgage statements, recorded lien instruments, judgment liens, tax liens). Include payoff amounts if available.
• Recorded encumbrances and easements (easements, covenants, restrictions, rights-of-way, leases recorded in the county clerk’s office).
• Property description and survey (legal description, survey map, metes and bounds description, tax parcel ID, GIS map). Surveys help determine whether a partition in kind is feasible.
• Tax and assessment records (most recent property tax bills and payment history).
• Leases, rental agreements, and rent records (if the property produces rental income): current leases, security deposit records, rent rolls, and rent receipts).
• Occupancy and possession facts (who lives in or uses the property, since when, and any exclusive possession disputes).
• Communications among co-owners (emails, texts, letters, offers to buy or sell, written agreements about splitting expenses or proceeds).
• Business or ownership documents if an entity owns the property (LLC operating agreement, partnership agreement, corporate minutes, membership records).
• Estate documents (wills, probate papers, letters testamentary, death certificates) if any owner is deceased and the interest passed through an estate.
• Records of improvements and contributions (receipts, invoices, canceled checks for repairs, upgrades, taxes or mortgage payments made on behalf of the property).
• Insurance policies and claim records for the property (hazard insurance, liability, claims history).
• Photographs and video of the property interior and exterior, showing condition, partition barriers, or unique features that affect division or value.
• Contact information for all involved parties — full names, current mailing addresses, phone numbers, and last-known addresses for co-owners, tenants, mortgagees, and lienholders.
• Any prior court filings or settlements involving the property (including family court, surrogate’s court, divorce papers allocating property, or prior partition or quiet-title actions).

Why each item matters

• Deeds and chain of title identify who must be named as defendants and show each party’s recorded interest.
• Mortgages and liens must be satisfied or apportioned when the property sells; creditors often get notice and may intervene.
• Surveys and physical descriptions help the court and any appointed referee determine whether dividing the land into separate parcels is practical.
• Lease and rent records determine who is entitled to income during litigation and affect how proceeds divide after sale.
• Communications can show agreements or promises about ownership shares and contributions, which affect the court’s accounting and distribution.

Practical steps your attorney will take once you provide documents

1. Confirm and expand the list of required parties (co-owners, mortgagees, lienholders, tenants) and prepare a draft complaint.
2. File the partition complaint in the appropriate county Supreme Court (New York’s trial-level court for real property actions) and arrange service on all necessary parties.
3. Record a notice of pendency (lis pendens) if appropriate to protect the claim while litigation proceeds.
4. Ask the court to appoint a referee/commissioner if the matter requires a detailed accounting, valuation, or conduct of sale; the referee often supervises sale and distribution of proceeds.
5. Work toward resolution options: partition in kind, buyout by a co-owner, or judicial sale. If the court orders sale, proceeds are applied to liens and costs, and remaining funds get distributed by interest shares.

What to expect at your first meeting

Your attorney will review the documents you bring, ask about the ownership history, whether any co-owner is residing at the property, and whether any mortgages or liens are current. Expect questions about attempts to resolve the dispute, offers to buy or sell, and any safety or access issues. The lawyer will also explain fee structure (retainer, hourly vs contingency, court costs) and next steps.

New York-specific considerations

• New York courts generally prefer partition in kind where feasible, but practical limitations (subdivision, zoning, or small parcels) often lead to judicial sale under RPAPL. Your lawyer will analyze feasibility and cite RPAPL provisions as needed.
• All persons with a recorded interest must be named and served; failure to name necessary parties can delay or invalidate relief.
• Costs of partition (attorney fees, referee fees, court costs) are typically charged against the property or divided among parties, but the court has discretion to allocate costs based on conduct and equities.

Helpful Hints

• Organize documents into a single folder (physical or electronic). Label items (deeds, mortgages, tax bills, leases, correspondence) so your lawyer can review quickly.
• Order or ask your attorney to obtain a preliminary title report or abstract to identify hidden liens and recorded interests early.
• Get a recent property survey or plat if you have one. If not, tell the attorney; a new survey may be critical to determine whether partition in kind is possible.
• Collect receipts and proof of payment for taxes, mortgage payments, and improvements. These documents matter when the court accounts for contributions or credits among owners.
• Document possession and occupancy dates for each occupant (who has lived at or used the property and when). Photographs with timestamps help prove occupancy and condition.
• Provide full contact details for co-owners and tenants. Accurate addresses speed service and reduce delays.
• Be candid about any disputed facts, prior agreements, or unrecorded promises — surprise facts discovered later slow the case and can reduce credibility.
• Ask your lawyer whether mediation or a buyout is a viable alternative; these options often save time and cost compared with judicial sale.
• Keep all originals safe. Provide copies for review and bring originals to meetings for verification.
• Expect to pay costs for title searches, surveys, and court filing fees in addition to attorney fees. Ask for a cost estimate early.