Refinancing and Buying Out a Co-Owner in New York: Process, Options, and Next Steps
Detailed Answer This FAQ explains how one owner can refinance a property and use the proceeds to buy out a co-owner under New York law. The goal is to explain the practical steps, legal points to watch, and options if the other owner disagrees. This is general information and not legal advice. 1) Who owns […]
Read article →New York: Risks of Granting a Life Estate Instead of Selling
FAQ: Life estate arrangements for co-owned property in New York Detailed answer — what granting a life estate means and the main risks A life estate is a legal interest that gives one person (the life tenant) the right to possess and use real property for the remainder of that person's life. A separate person […]
Read article →How to Force a Property Sale in New York When a Co‑Owner Refuses Mediation
Can I force the sale of property in New York if my co‑owner refuses further mediation? Short answer: Yes. In New York you can typically force a sale by filing a partition action in Supreme Court. Mediation is voluntary; a co‑owner’s refusal to continue mediation does not block a court action. The court will decide […]
Read article →Options to Divide or Force Sale of Co-Owned Farmland in New York
How heirs can divide or force the sale of co-owned farmland in New York Quick answer If co-owners (for example heirs) cannot agree about what to do with family farmland in New York, any co-owner generally has a right to ask a court to partition the property. A court can either divide the land physically […]
Read article →How to Start a Partition Action in New York When a Co-Owner Refuses
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice specific to your situation, consult a New York attorney. Detailed Answer If you (one co-owner) want to force a division or sale of real property in New York because another co-owner refuses to agree, you start a partition action under […]
Read article →How to Force a Partition Sale in New York: Co-Owner Rights and Next Steps
What to do if you want the house sold when you co-own it with a sibling Disclaimer This article explains how New York law typically handles partition and sale of real property owned by multiple people. This is general information only and is not legal advice. Consult a licensed New York attorney about your specific […]
Read article →Defending a Partition Action in New York: How to Protect an Inherited Home
Answer: How to Defend a Partition Action to Protect an Inherited Home in New York Short answer: If a co-tenant sues to partition (force sale) of an inherited home in New York, you can defend by timely responding, seeking partition in kind (division) or a buyout, asserting legal and equitable defenses (credit for payments, contribution […]
Read article →New York: What Happens If a Co-Tenant Refinances or Takes a Home Equity Loan Without Your Approval?
Can a co-tenant encumber an inherited New York home without your consent? Short answer: Under New York law a co-tenant can encumber only the interest they own, but they generally cannot validly bind another co-tenant’s separate ownership without that co-tenant’s signature. A lender that relies only on one co-tenant’s signature typically gets a lien effective […]
Read article →New York: Remedies When a Co-Owner Sells Property Without Your Agreement
Understanding Your Legal Remedies After a Co-Owner Sells Property Without Your Agreement Quick overview: If a co-owner of real property in New York transfers or purports to sell the property without your consent, you still have several legal remedies. Which remedy fits depends on how title is held (tenant in common, joint tenants, tenants by […]
Read article →Buying Out Siblings’ Interests in a Parent’s Property in New York: A Practical FAQ
How to Buy Out Siblings’ Interests in a Parent’s Property — New York (FAQ) Disclaimer: I am not a lawyer and this is not legal advice. This article explains general New York law concepts and practical steps to help you decide whether to speak with a New York-licensed attorney for specific legal help. Detailed answer: […]
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