What are my options for avoiding a costly court-ordered partition while still getting paid my full share? (NY)
Options to Avoid a Court-Ordered Partition and Still Get Paid Your Full Share (New York) This FAQ explains practical, legally-informed options under New York law for co-owners of real property who want to avoid a court-ordered partition sale yet still obtain full payment for their ownership interest. This is educational information only and not legal […]
Read article →How will the sale proceeds be divided among co-owners after the property is sold in a partition? – NY
Detailed Answer — How proceeds are divided after a partition sale in New York When co-owners cannot agree about shared real property, a court can order a partition. Under New York law (Real Property Actions and Proceedings Law, Article 9), the court will either divide the property physically (partition in kind) or order a sale […]
Read article →Can heirs of a deceased sibling be included in a partition action in NY?
Detailed Answer Short answer: Yes. Under New York law, heirs of a deceased sibling who had an ownership interest in real property can and generally must be included in a partition action. The court must make sure everyone with a legal or equitable interest in the property is made a party so it can fairly […]
Read article →How can I file a partition-for-sale suit in NY when a minority of the siblings won’t agree to sell our inherited land?
Partition-for-Sale in New York: How to Force Sale When Siblings Won’t Cooperate Short answer: In New York you can file a partition action in the Supreme Court in the county where the property lies. If a physical division (partition in kind) is impractical, the court can order a partition-by-sale and force the sale over the […]
Read article →Who should be listed as petitioners on the partition lawsuit? (NY)
Detailed Answer Short answer: The petitioners in a New York partition action should be the parties who are asking the court to divide or sell the property—typically the recorded co‑owners (for example, tenants in common or joint tenants) or other persons who hold a present legal interest in the property. You should identify every person […]
Read article →What happens if mediation fails and I need to file a partition action to force sale of jointly owned land in NY?
Detailed answer — What to expect when mediation fails and you file a partition action in New York If mediation does not resolve your dispute over jointly owned land in New York, a partition action is the usual next step if one or more owners want to force a division or sale of the property. […]
Read article →How can I negotiate a fair buyout of my interest in family land when my co-owner offers far less than the appraisal? — NY
Detailed answer: How to get a fair buyout of your interest in family land under New York law When a co-owner offers far less than an appraisal, you have options. Start by confirming legal ownership, establishing accurate value, and using negotiation techniques before considering litigation. Under New York law, co-owners have the right to force […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? (NY)
Detailed Answer This article explains, under New York law, how co-owners can start a partition action to divide or sell shared real property. This is a general, plain‑language guide for people with no legal background. It is not legal advice—see the disclaimer at the end. What a partition action is (simple definition) A partition action […]
Read article →How is property divided in a partition when some acres are better than others? – NY
Detailed Answer Short overview: In New York, a court will try to divide land among co‑owners in a way that reflects the value of each owner’s interest, not simply by splitting acreage equally. The court starts with the preference for a physical division (partition in kind) but will order a sale if an equitable physical […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (NY)
Detailed Answer — How a co-owner in New York can get money instead of a piece of the property This answer explains the common ways a co-owner (tenant in common or joint owner) can receive monetary compensation instead of a physical portion of real property under New York law. It assumes no prior legal knowledge. […]
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