A Guide to Partition Action in New York

Co-ownership of property, whether through inheritance, investment, or a former relationship, can sometimes lead to an intractable dispute. When co-owners are deadlocked over what to do with a property, the legal impasse can feel overwhelming. In such cases, a partition action culminating in a court-ordered auction can provide the necessary path forward.

For our clients facing these complex real estate disputes, understanding partition actions is the first step toward a resolution. This legal mechanism not only offers a clear exit strategy but also ensures that your rights and financial interests are protected.

What is a Partition Action?

Under New York law, a partition action is a court-supervised sale of a property initiated when one or more co-owners file a lawsuit against the others. This action is typically the remedy of last resort when co-owners cannot agree on the management, buyout, or voluntary sale of the asset.

Common scenarios that lead to partition actions include:

• Inherited Property: Siblings or other heirs disagree on whether to sell or keep a family home.

• Business Partner Disputes: Partners who co-own a commercial building or investment property reach a stalemate.

• Divorce or Separation: Former spouses cannot agree on the disposition of a shared residence.

  
  

Once the court grants the partition action, the property is sold at a public auction. The net proceeds from the sale are then distributed among the co-owners according to their legally established ownership shares.

The Client Benefits of a Partition Action

Choosing to pursue a partition auction is a significant decision. For a co-owner feeling trapped in a shared ownership dilemma, it offers several critical advantages:

1. A Definitive Path to Resolution.

   Property disputes can languish for years, draining resources and causing immense stress. A partition action provides a legally enforceable conclusion. The court mandates the sale, moving the process forward efficiently and preventing a single dissenting owner from blocking a resolution indefinitely. This saves our clients valuable time, money, and emotional energy.

   
   

2. Assurance of Fair Financial Compensation.

   The court’s oversight ensures the process is conducted transparently and fairly. The auction is designed to achieve a market-value price, and the distribution of proceeds is strictly enforced. This protects your financial stake and prevents other parties from leveraging the deadlock to their advantage. You receive the fair value of your share, as determined by the open market.

   
   

3. The Guidance of Experienced Legal Counsel.

   Navigating a partition action requires meticulous adherence to complex procedural rules. From filing the initial complaint to overseeing the auction and distribution of funds, our role is to manage every legal detail. We ensure the process moves smoothly, advocate for your interests at every stage, and shield you from the procedural complexities, allowing you to focus on the future.