What to do when co-owners of inherited property won’t respond: New York partition actions explained

Disclaimer: This is general information only and not legal advice. Consult a licensed New York attorney about your specific situation.

Detailed answer — How partition works in New York and what to do when co-owners are unresponsive

If you inherited real property in New York with one or more co-owners and some co-owners will not respond, you can typically ask a court to divide or sell the property through a partition action. In New York, co-owners have a statutory right to partition. Courts prefer a physical division (partition in kind) when feasible; when a fair division is impractical, the court orders a sale and divides proceeds among owners.

Key statute: the right to partition and related procedures are governed by the Real Property Actions and Proceedings Law (RPAPL), starting at section 901. See RPAPL § 901: https://www.nysenate.gov/legislation/laws/RPAPL/901

Step-by-step overview

Confirm ownership and title: Do a full title search. Identify all owners of record, and note whether title transferred through probate, intestacy, or a deed. If the property is still part of an open probate estate, the estate’s personal representative may need to be involved.
Gather inheritance documentation: Obtain the will (if any), letters testamentary or letters of administration, death certificate, and any deeds or recorded instruments showing how ownership passed.
Determine the proper court and prepare the complaint: File the partition action in the Supreme Court of the county where the property sits. The complaint must name all persons with an interest in the property and state the relief requested (partition by division or sale; accounting for rents and profits, if sought).
Join all known owners and interested parties: You must make all persons who claim an interest parties to the action (heirs, devisees, mortgagees, lienholders, tenants, others with recorded interests). If an owner is a minor or incapacitated, the court will require a guardian ad litem to protect their interests.
Serve defendants properly: Personal service within New York follows the Civil Practice Law and Rules (CPLR). If a co-owner lives out of state or avoids service, other service methods exist (e.g., service by mail with acknowledgment or service by publication for unknown parties). If you have an address and the person is located, use appropriate CPLR methods for personal service. If a party’s location is unknown, you may seek court permission for substituted service or publication under CPLR § 316: https://www.nysenate.gov/legislation/laws/CPLR/316
If a co-owner won’t respond after proper service: After proper service, defendants generally have a set time to answer or appear. If they fail to appear, you can move for a default judgment or for the court to proceed without their active participation. The motion and timing follow CPLR deadlines (see CPLR § 3215 about default): https://www.nysenate.gov/legislation/laws/CPLR/3215
Court procedures after joinder or default: The court may appoint a referee to value and divide the property, or to conduct a sale, and will order accountants for rents and profits where appropriate. If the property cannot be fairly divided, the referee will sell the property at public auction and distribute the net proceeds among owners according to their interests.
Dealing with title problems, liens, or mortgages: Any mortgage or recorded lien generally must be addressed (paid or otherwise handled) before distribution. The partition action will typically adjudicate priorities and require satisfaction of liens from sale proceeds.
Practical timing: Partition actions often take several months to more than a year, depending on joinder issues, discovery, valuation disputes, and sale logistics.

Common legal tools when owners do not respond or cannot be located

Service by publication: If a co-owner’s whereabouts are unknown after reasonable inquiry, you may seek service by publication under CPLR § 316. Publication requires the court’s permission and proof of efforts to locate the person. See CPLR § 316: https://www.nysenate.gov/legislation/laws/CPLR/316
Default procedures: If a defendant is properly served but fails to appear, you can apply for a default judgment or ask the court to proceed and distribute proceeds to the absent owner when located. Timing follows CPLR § 3215: https://www.nysenate.gov/legislation/laws/CPLR/3215
Appointment of guardian ad litem or curator: For minors, incapacitated persons, or unknown heirs, the court appoints representatives to protect their interests during the partition.
Stay while probate is open: If the property is still in a pending probate administration, notify the probate court and coordinate with the estate’s representative. Sometimes the partition waits until administration completes; other times the partition proceeds with the personal representative joined.

When sale may be faster than in-kind division

If the property is difficult to divide (a single-family home on one lot, for example), the court often orders a sale. A court-ordered sale gives each co-owner a monetary share. If you want to keep the property, consider offering to buy out the other owners first — that can be faster and much cheaper than litigation.

Helpful hints — Practical steps to increase success and reduce cost

Start with a title search and chain of title. Confirm every person who might claim an interest.
Check probate records where the decedent lived and where the property sits; sometimes heirs are listed there.
Collect documentation: will, letters testamentary/administration, death certificate, deeds, mortgage statements, and tax bills.
Try negotiation and mediation before filing. A written buyout offer or a mediated agreement can avoid court costs.
If you must sue, document all efforts to locate and contact nonresponsive owners — the court will want to see good-faith efforts before allowing service by publication.
Consider hiring a New York real property attorney experienced with partition and probate coordination. Partition rules and service requirements are technical.
Expect to pay filing fees, fees for service, referee fees, appraisal costs, and attorney fees. Courts sometimes shift costs; the outcome varies by case facts.
Beware of time limits and deadlines for responding to a complaint — missing a deadline can lead to default or other unfavorable rulings.

Relevant New York law and resources

Right to partition and related provisions: RPAPL § 901 et seq. — https://www.nysenate.gov/legislation/laws/RPAPL/901
Service by publication (for unknown parties): CPLR § 316 — https://www.nysenate.gov/legislation/laws/CPLR/316
Default procedures and timing: CPLR § 3215 — https://www.nysenate.gov/legislation/laws/CPLR/3215

Partition actions can solve ownership deadlocks, but they involve strict procedural rules. If some owners are unresponsive, courts provide methods to proceed, but you will need careful preparation and, in most cases, local counsel to navigate service rules, probate interactions, and distribution of proceeds.

Next step: If you want to move forward, get a title search, compile inheritance documents, and consult a New York real property attorney to review your facts and begin the correct filing and service process.