Partitions

Partitions Overview

By J. Douglas Barics

New York property law allows most titled owners the right to end their joint ownership of real property through a partition action. Sometimes the jointly held property is from a business arrangement that didn't work out. Other times it results from inherited property. Either way, the underlying basis for a partition action is that nobody can be required to maintain ownership of property against their will.

Partition actions start with electronic filing on the NYSCEF system of the summons and complaint in the Supreme Court of the county where the property is located.

Partition actions can end in one of four ways.

The joint ownership will continue
The property is physically divided
The property is sold and the proceeds divided
The party who wishes to sell is bought out by the other owners

Partitions are complex in nature and can take significant amounts of time and resources to resolve.

At the Law Office of J. Douglas Barics we have the skills to negotiate a fair settlement, and litigate the entire matter at both the trial and appellate level, should it be necessary.

Do you need representation in a Partition Action on Long Island or New York City?

New York Partition Actions

What you need to know about Partitions

What is a Partition Action?

A partition action is type of case available to property owners who own property jointly. If the joint owners of real property disagree on how to dispose of the jointly owned property, a partition action is available to any titled owner.

What Relief Can be Granted in a Partition Action?

The theory behind a partition action is that one person cannot be compelled to own property jointly with another if they do not wish to do so. A partition action is an equitable remedy, meaning the court's authority goes beyond a money judgment. In a partition action, the court can direct specific performance.

One possible outcome is the property will be partitioned into smaller lots, giving each joint owner his or her own lot.

If that is not possible, the court will order the property to be sold.

If the Court Orders the Property to be Sold in a Partition Action, How Are the Proceeds Divided?

In general, the proceeds are divided in the same proportion as ownership interest. However, offsets may be available to determine if the expenses and upkeep of the property were not shared. If the property was rented, that income may also act as an offset. Under some circumstances, a party who is excluded from using the property may be entitled to imputed rent due to being deprived of the use of the property.

When is a Partition Action Necessary?

If a couple buys property and do not marry, no relief under equitable distribution is available since DRL 236 B only applies in the context of a matrimonial action. If a couple buys a home jointly before they are married, a partition action will often be necessary as the home is not marital property and the court lacks authority to dispose of it in a divorce action. If a married couple buys a home jointly along with another party, and a divorce is filed, only a portion of the home which is determined to be marital property is subject to equitable distribution. Any portion of the home that is determined to be held by the non spouse is outside the court's authority to dispose of, and a separate partition action is necessary.

In a foreclosure action, very often the homeowner will want to sell the property before it is foreclosed. When only one person owns the property, or if all owners are in agreement, a sale is not a problem. But if one or more owner of the property is not in agreement or is non cooperative, a partition action may be necessary to compel a sale.

Another very common situation is when an owner of property dies and their interest passes to their heirs or the heirs of their heirs, resulting in multiple owners, some of whom may not even realize they now have a partial interest in inherited property.

Contact Our Partition Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any partition, no matter how challenging or complex. With over 20 years of experience in partition actions, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled partition lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.