Filing a Partition Action or Petition to Sell Inherited Real Estate When Heirs Are Minors — New York
Answer: How to proceed when some heirs are minors Short answer: In New York you can start a partition action in the Supreme Court (Real Property Actions and Proceedings Law) to divide or sell co-owned inherited real estate even when some heirs are minors. When minors have an ownership interest the court will require a […]
Read article →New York: Forcing Sale or Division of Family Land — Partition Law FAQ
FAQ — Partition of Jointly Owned Family Land under New York Law Short answer: In New York, a co-owner can ask a court to divide jointly owned real property or order its sale by bringing a partition action in the Supreme Court (the state trial court). The court will try to divide the property physically […]
Read article →Filing a Partition Lawsuit in New York: Step-by-Step Guide
Disclaimer: This is general information only and not legal advice. If you need advice about your specific situation, consult a licensed New York attorney. Detailed Answer When co-owners cannot agree on dividing real property in New York, either co-owner can ask a court to divide or sell the property through a partition action under New […]
Read article →How to File a Partition Action to Force Sale of Inherited Land in New York
Detailed Answer Short overview. In New York, a co-owner (including an heir who received land as an inheritance) can ask the Supreme Court in the county where the land lies to partition the property. A partition action asks the court either to divide the land physically among the owners (partition in kind) or, if that […]
Read article →When a New York Court May Appoint a Commissioner for a Private Sale in a Partition Action
Can a court appoint a commissioner to oversee a private sale in a New York partition case? Short answer: Yes — New York courts can appoint an officer (often called a referee, commissioner, or special referee) to handle the sale of property in a partition action, and that sale can be a private sale to […]
Read article →Negotiating a Co‑Owner Buyout Instead of Partition — New York
How to Negotiate a Co‑Owner Buyout Instead of Filing for Partition in New York Short answer: Under New York law, co‑owners can usually negotiate an out‑of‑court buyout. Courts generally allow parties to settle or convey interests by agreement rather than force a partition sale. Below is what you need to know to do that safely […]
Read article →How to Force a Private Sale of Inherited Land You Co‑Own — New York
Short answer If you and other heirs co-own inherited land in New York and one or more co‑owners refuse a voluntary sale, you can generally force a sale by filing a partition action in New York State court. The court can order either a physical division (partition in kind) or a sale and division of […]
Read article →New York — Who Pays for a Property Survey When Co-Owners Disagree?
Understanding Who Pays for a Property Survey When Co-Owners Disagree Quick answer When co-owners disagree about ordering a property survey in New York, each owner is generally responsible for paying for their own survey unless they agree otherwise. If the dispute goes to court in a partition or quiet-title action, a judge can order a […]
Read article →Keeping an Inherited House in New York: Options for Multiple Heirs
Detailed Answer Short answer: Yes — heirs can often keep an inherited house in New York, but doing so requires either agreement among the co‑owners (heirs) or steps to buy out one another’s shares. If co‑owners cannot agree, any co‑owner can ask a court to force a partition, and a New York court can divide […]
Read article →Partition Actions When a Co-Owner Is Incompetent and Has a Guardian — New York
Detailed Answer: How a New York Partition Action Works When a Co‑Owner Is Incompetent and Has a Court‑Appointed Guardian Short answer: In New York a partition action can proceed even if one co‑owner has been adjudicated incapacitated and has a court‑appointed guardian. The guardian (or other court‑appointed representative) normally steps in to represent the incapacitated […]
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