Detailed Answer

Short answer: When co‑owners cannot agree on division or sale, one or more co‑owners can start a partition action in New York. The court evaluates whether the property can be divided in kind (physically) and, if not practicable, will order a sale. A court‑appointed referee usually handles valuation and the sale, and the court supervises confirmation and distribution of sale proceeds after paying liens and costs.

Who may bring a partition action

Any co‑owner of real property — typically tenants in common or joint tenants — may start a partition action to divide the property or force a sale. Property held as tenancy by the entirety (generally spouses) has special protections and cannot be partitioned between spouses without special circumstances. For a statutory foundation, see New York Real Property Actions and Proceedings Law (RPAPL) Article 9: https://www.nysenate.gov/legislation/laws/RPAPL/901 and the RPAPL general page: https://www.nysenate.gov/legislation/laws/RPAPL

Step‑by‑step process under New York law

1. Filing the complaint: The plaintiff files a partition complaint in the county where the property sits. The complaint names all co‑owners and known lienholders and states each party’s interest (their claimed share). The complaint asks the court to partition the property in kind or, if that is impracticable, to order a sale and distribution of proceeds.
2. Service and response: Defendants (co‑owners and lienholders) must be served with the complaint and can answer, assert defenses, or bring counterclaims (for example, claiming a different ownership share or asserting liens). The court will resolve threshold disputes (e.g., who owns what share).
3. Pre‑trial options: Parties often negotiate buyouts, agree on sale terms, or use mediation to avoid a contested sale. If the parties reach an agreement, the court typically approves a consent order reflecting the deal.
4. Court determination: partition in kind vs. sale: The court first determines whether a fair physical division is practicable. Factors include the size, shape, zoning, improvements, and whether dividing would materially reduce value (damage to buildings, loss of access, or infeasibility). If the court finds partition in kind would be impracticable or inequitable, it will order sale instead. See RPAPL provisions governing partition: https://www.nysenate.gov/legislation/laws/RPAPL/901
5. Valuation and appointment of a referee or commissioners: The court may appoint appraisers, commissioners, or a referee to value the property and handle the mechanics of sale. The appraisers prepare valuations and may recommend whether in‑kind partition is feasible or a sale is required.
6. Sale procedures: If the court orders sale, it supervises how the sale happens. A referee or court officer commonly conducts a public auction, although the court can authorize a private sale if it finds that process will better protect the owners’ interests. The court usually requires reasonable notice to owners and publication of the sale. The referee reports the sale results back to the court for confirmation.
7. Distribution of proceeds: Before distributing net proceeds, the court or referee pays valid encumbrances (mortgages, liens, judgments), property taxes, costs of the action and sale (referee fees, advertising, attorneys’ fees where allowed), and any court‑ordered adjustments. The remaining balance divides among owners according to their court‑determined shares, subject to credits and offsets (for mortgage payments, improvements, or other equitable contributions made by an owner). The court supervises final accounting and distribution.
8. Confirmation and transfer: The court confirms the sale if it finds the process fair and proper. The referee or selling officer then delivers the deed and the purchaser receives clear title; the court signs off on the distribution of proceeds.
9. Post‑sale rights and appeals: Parties can appeal the court’s orders within the statutory deadlines. Appeals can delay final distribution and transfer, so timing is important.

Common legal and practical issues

• Liens and mortgages: Liens generally must be paid out of sale proceeds. Lienholders should be joined in the action so the sale clears title.
• Credits for contributions: An owner who paid the mortgage, taxes, or made improvements may seek credit against the proceeds; the court decides these equitable adjustments.
• Occupants and tenants: If someone occupies the property (owner or tenant), rules about eviction and rents may affect the period before sale and the accounting of rent income or expense.
• Costs and timeline: Partition actions can take many months to years, depending on disputes, valuation, and sale complexity. Costs include attorney fees, court costs, appraisers, referee fees, and possible repair or holding costs before sale.

Where to look in New York law

The central statutes governing partition actions reside in the Real Property Actions and Proceedings Law (RPAPL). The main RPAPL entry: https://www.nysenate.gov/legislation/laws/RPAPL and the partition commencement section: https://www.nysenate.gov/legislation/laws/RPAPL/901. For local procedure rules (filing, service, and local practice), check the county clerk and county court rules where the property sits, and consult the New York Civil Practice Law & Rules (CPLR) for service and motion practice.

Example hypotheticals (illustrating common outcomes)

Hypothetical 1 — Small city row house with three co‑owners: The court finds physical division would destroy the building’s value and orders a sale. The referee sells at public auction. After paying a mortgage and sale costs, the net proceeds split among owners per court‑determined shares, with a credit to the co‑owner who paid the mortgage payments for the last two years.

Hypothetical 2 — Large rural parcel that can be parceled: The court orders partition in kind. A survey divides the land into three workable lots; each owner receives a deed to a lot, with the court supervising boundaries and any required adjustments.

Helpful Hints

• Gather all ownership documents before filing: deeds, mortgages, tax bills, leases, and records of payments or improvements.
• Try negotiation or mediation early — buyouts or agreed sales save time and cost.
• Ask the court for a valuation so you know the realistic range of sale proceeds or buyout prices.
• Join known lienholders in the lawsuit so the eventual sale clears title for the buyer.
• Be prepared for costs: partition actions commonly consume attorney fees, appraisal and referee costs, and sale expenses that reduce net proceeds.
• Consider tax and inheritance consequences of a sale; consult a tax advisor about capital gains or 1031 exchange eligibility.
• Talk to an experienced New York real estate attorney early to understand local practice, potential credits, and the best strategy for your situation.

Disclaimer

This article provides general information about New York partition actions and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed New York attorney who handles partition and real property matters.