What process allows a party to force sale of property through a partition hearing in NY? | New York Partition Actions | FastCounsel
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What process allows a party to force sale of property through a partition hearing in NY?

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

In New York, co-owners of real property may force a sale through a partition action under Real Property Actions and Proceedings Law (RPAPL) Article 9, Title A (RPAPL §901–940). A partition action begins when one co-owner (the plaintiff) files a summons and complaint in Supreme Court seeking either a physical division of the property (partition in kind) or, if that is impractical, a sale.

When the court determines that partition in kind cannot be made with reasonable convenience or equity, it will order a sale under RPAPL §931 (see text). The judge appoints a referee—often a real estate broker or attorney—to oversee a public auction or negotiated sale. After the property is sold, the referee pays off any liens and expenses, then distributes the net proceeds among the co-owners according to their ownership interests as set out in RPAPL §932 (see text).

Key steps in the process include: filing the partition complaint, serving all co-owners, attending court conferences, and cooperating with the court-appointed referee. Co-owners may contest the type of partition or valuation. If no agreement emerges, the court’s order governs the sale mechanics, timeline, and distribution of proceeds.

Helpful Hints

  • Confirm ownership interests by reviewing the deed and chain of title before filing.
  • Consider mediation with co-owners to avoid litigation costs and delays.
  • Budget for court fees, referee fees, and appraisal costs that are deducted from sale proceeds.
  • Attend all court conferences and follow referee instructions to prevent delays.
  • Obtain independent appraisals to ensure the sale price is fair.
  • Consult a qualified attorney experienced in New York partition law for tailored guidance.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.