Partition Actions
A partition action is a court proceeding used to divide real property among co-owners who no longer wish to hold title together. When co-owners cannot agree on management or sale, the court may order the property divided or sold, with proceeds distributed based on ownership interests. Our firm represents property owners in all phases of partition matters, from negotiation to litigation and sale.
SERVICES
TYPES OF PARTITION
There are two primary types of partition available under New York law:
Partition in Kind: The court physically divides the property among the owners when practical — often used for large parcels or undeveloped land.
Partition by Sale: When physical division is not feasible or would cause loss of value, the court orders the property sold and distributes proceeds according to each owner’s interest.
INHERITED & FAMILY-OWNED PROPERTY DISPUTES
Disputes among family members often arise when real estate is inherited jointly, but not all heirs agree on whether to sell or keep the property. Partition actions provide a formal legal mechanism to resolve these disagreements and distribute equity fairly.
ACCOUNTING & DISTRIBUTION OF PROCEEDS
Before proceeds are divided, courts often require an accounting to determine each party’s financial contributions and liabilities. This ensures that reimbursements for taxes, mortgage payments, and improvements are properly credited before final distribution.
DEFENDING AGAINST OR PREVENTING PARTITION
In some cases, co-owners may wish to prevent partition — for example, when the property is essential to a business or family residence. Courts may delay or deny partition under limited circumstances, such as active contractual restrictions or equitable considerations.
