Partition actions in New York refer to legal proceedings undertaken to divide jointly owned real property among its co-owners. When multiple individuals share ownership of a property and cannot agree on its use, management, or sale, a partition action can be initiated to resolve the issue. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately.
In New York, partition actions are governed by Real Property Actions and Proceedings Law Article 9 (RPAPL). The process begins when one or more co-owners file a lawsuit in the appropriate court requesting the partition of the property. The court then reviews the case and determines if the property can be divided physically or if it should be sold and the proceeds divided among the co-owners.
As part of the division of the property, the Court will often appoint a referee to evaluate any set-offs or contributions by the various owners and will also determine whether the property can be divided or whether it has to be sold.
During a sale, the court oversees the process to ensure fairness. The property is typically sold through public auction or private sale, with the proceeds distributed among the co-owners based on their ownership shares and determined set-offs or contributions. It’s important to note that in a partition action, the court may deduct costs and expenses related to the legal proceedings from the proceeds before distribution.
Partition actions in New York can be complex and involve various legal considerations. If you wish to consult an experienced attorney in the Long Island area regarding partition actions, contact us online here or feel free to call Chiariello & Chiariello today at 516-801-8100.
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