New York Partition Actions – $5,000 Retainer
A partition action is a lawsuit between co-owners of real estate seeking the sale or division of jointly owned property. When co-owners cannot agree on whether to sell, maintain, or divide property, a partition action may allow the court to order the sale of the property and distribute the proceeds among the owners.
Levin Law Group represents clients in New York partition actions involving residential, commercial, investment, and inherited property. Our NY partition attorneys represent clients who want to force the sale of jointly owned real estate, as well as clients defending against partition claims and seeking to protect their ownership interest, reimbursement claims, and share of the proceeds.
Partition disputes often arise between siblings who inherit property, former partners, investors, or co-owners who no longer agree on what should happen to the property. Our New York partition attorneys handle the litigation necessary to protect our clients’ rights and financial interests.
Speak With a New York Partition Lawyer Today
If you are involved in a dispute with a co-owner of real estate, speak with an experienced New York partition lawyer today.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.
Services Included in Our New York Partition Representation
We require a $5,000 retainer to get started. As applicable, our services include:
- Filing or defending a partition action in New York
- Evaluating ownership interests and title issues
- Seeking the sale or division of jointly owned property
- Making sure our clients are properly compensated for their ownership interest and expenses invested into the real estate
- Addressing claims for carrying costs, repairs, taxes, mortgage payments, and other contributions
- Making sure the property is sold for fair market value
- Negotiating buyouts between co-owners where appropriate
- Handling related legal issues involving inherited, residential, commercial, or investment property
Partition Actions in Other Jurisdictions
The Levin Law Group represents clients in partition actions involving disputes between co-owners of real estate in multiple jurisdictions. The laws governing partition actions may vary depending on whether the property is located in New York or another state.
Frequently Asked Questions About New York Partition Actions
What is a partition action in New York?
A partition action is a legal proceeding in which co-owners of real property ask the court to divide the property or order the property sold so that the proceeds can be distributed among the owners according to their respective interests. In New York, partition actions involving real estate are generally brought under Article 9 of the New York Real Property Actions and Proceedings Law (RPAPL §901 et seq.), which allows a co-owner of property to seek a judicial division of the property or a court-ordered sale.
In many cases involving residential property, the court will order a partition by sale, meaning the property is sold and the proceeds are divided among the co-owners after accounting for liens, expenses, and other financial claims related to the property.
When might I need to file a partition action in New York?
You may need to file a partition action if you and the other co-owner cannot agree on whether to sell the property, how to manage it, or whether one owner should buy out the other. Partition actions are common in disputes involving inherited property, investment property, and jointly owned homes.
Can I file a partition action in New York if there is a mortgage on the property?
Yes. A partition action can still be filed even if there is a mortgage on the property. The mortgage and any other valid liens typically must be addressed as part of the sale process before the net proceeds are distributed.
Can I recover money I paid toward the property?
In many cases, yes. The court may consider claims relating to mortgage payments, taxes, insurance, maintenance, repairs, or improvements paid by one owner. These issues can affect how sale proceeds are divided, which is why it is important to have counsel protecting your financial interests.
Can a partition action be filed for commercial property or investment property?
Yes. A partition action may be filed for many different property types, including single-family homes, multi-family property, commercial real estate, vacant land, condominiums, cooperative apartments, and investment property.
Can a partition action be filed for a New York cooperative apartment?
Cooperative apartments are structured differently from other real estate because owners hold shares in a cooperative corporation rather than direct title to the property. As a result partition lawsuits are not governed by the RPAPL, but a partition action is still possible under a different statute.
How long does a partition action take in New York?
The timeline depends on the complexity of the dispute, the number of parties involved, and whether the matter settles or requires extensive motion practice or court intervention. Like other litigation matters, a partition action may take several months to a year or longer.
Contact Levin Law Group About a New York Partition Dispute
If you are a co-owner of New York real estate and need to force a sale or defend your financial interest in a partition action, speak with our attorneys today.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.