Defending Partition Actions

Suffolk County Partition Defense Lawyer

Defending a New York Partition Action

Defending a partition action is not an easy task as the defenses to prevent a partition can be sparse. But a skilled partition lawyer will be able to maximize their use to your advantage if you are sued to partition property you own.

The first line of defense is to determine if the plaintiff falls into a category of those who cannot request a partition, and a review of the deed should always be the first step. If the deed shows that title is held by tenants by the entirety, a form of ownership that exists only between spouses, then no partition can be brought under RPAPL 901.

Normally a divorce severs this ownership into tenants in common, but here too, there is a narrow exception, and a skilled defense should see if you fall into this limited category. While rare, it can end the partition case almost immediately. But if parties were divorced in a different state on a default, then under the divisible divorce doctrine the deed remains as tenants by the entirety.

Contracts and prior court orders may also be a critical defense a partition. Likewise, if the parties were not married but in a close relationship, the facts surrounding the purchase of the property should be closely investigated to see if a constructive trust applies. If the property is an inherited property it may give the additional options not normally available.

These defenses should be reviewed and raised early on, but if they were not they should be raised as soon as possible.

At the Law Office of J. Douglas Barics, we bring a wealth of experience and a broad background of knowledge to mount the best possible defense you might have against a partition action.