New York: Can a Co‑Owner Be Required to Produce Mortgage Statements and Repair Receipts Before Sale Proceeds Are Divided?
Detailed Answer When co‑owners sell real property in New York, the sale proceeds do not automatically become a simple pot to be split without accounting. New York courts handle co‑owner disputes about mortgage payments, repairs, and other charges through equitable accounting in a partition or related court proceeding. The primary statutory framework for these disputes […]
Read article →Forcing the Sale of a Co-Owned House in New York — Partition Actions & Steps
Detailed Answer — How a Co-Owner Can Force the Sale of a House in New York If you co-own real estate in New York with two other people and you cannot reach an agreement about selling or keeping the property, New York law provides a court procedure called a partition action. A partition action asks […]
Read article →Filing a Partition Action in New York to Divide Inherited Property When a Co-Owner Won’t Cooperate
Detailed Answer This article explains, under New York law, the typical steps to ask a court to divide or sell real property when you inherited it with another co-owner who refuses to cooperate. The process is called a partition action. This is an explanation for education only and not legal advice. What a partition action […]
Read article →How to File a Partition Action in New York to Force Sale or Obtain a Buyout
Detailed Answer — How a partition action works in New York This section explains, in plain language, what a partition action is and the typical steps to either force the sale of real property or have a co‑owner buy you out under New York law. This is educational information only and not legal advice. What […]
Read article →Forced Sale of Inherited Property When Heirs Refuse to Cooperate — New York
Overview: Your options when co‑owners won’t agree in New York Detailed answer When multiple people inherit or otherwise own a piece of real property together, New York law gives each co‑owner a legal remedy to end the co‑ownership even if other owners refuse to cooperate. The usual route is a partition action in New York […]
Read article →Guardian ad Litem for Unknown or Unlocatable Heirs in New York Partition Actions
Detailed Answer This section explains how New York courts handle absent, unknown, or unlocatable heirs in partition cases and how a guardian ad litem (GAL) can be used to protect their interests. This is informational only and not legal advice. Where a partition action is filed: In New York, partition actions for real property are […]
Read article →How to Start a Partition Lawsuit in New York for Inherited Land
How to Start a Partition Lawsuit in New York for Inherited Land FAQ: What steps do I take to start a partition lawsuit in New York when relatives who inherited the land with me refuse to agree? Short answer If you and other heirs own property together and you cannot agree on dividing or selling […]
Read article →New York: How Co-Owned Farmland Is Divided or Forced to Be Sold (Partition Actions)
Detailed Answer This article explains how co-owned farmland can be divided or sold over the objections of one or more owners under New York law. It outlines the typical steps in a partition action, how courts decide between dividing land and ordering a sale, and key practical and legal issues owners should expect. This is […]
Read article →New York — Documents and Information to Provide Your Lawyer to Start a Partition Case
Preparing for a Partition Action in New York: What to Give Your Lawyer This guide explains the types of information and documents a lawyer will need to begin a partition case in New York, why each item matters, and practical steps to prepare for your first meeting. This is educational only and not legal advice. […]
Read article →How can I get my share of the net proceeds after the partition sale of a co-owned house? (NY)
Detailed Answer — How distribution of net proceeds works after a New York partition sale Short explanation: When a New York court orders the sale of a co-owned house in a partition action, the court (through a referee or the clerk) pays sale-related costs and satisfied liens first, then divides the remaining net proceeds among […]
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