Accounting in Partitions Actions
Long Island Partition Accounting Attorney
By J. Douglas Barics
Unless all parties agree on how a jointly owned property should be divided, an accounting is required in every partition action. See Khotylev v Spektor. The purpose of an accounting is to allow each party to put forth their claims one some parties should receive a greater share of the property and other parties should receive less. If the property is being physically partitioned, the parties can also submit evidence why they should receive one portion and not another.
Accounting is usually fact specific to each case and the best partition attorneys will know how to obtain evidence to support your position and other evidence to weaken the opposing side's position.
At the Law Office of J. Douglas Barics, we have the experience to present the strongest case possible for you in any partition matter.
Do you need representation in a Partition Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
Accounting in New York Partition Actions
What you need to know about an Accounting in Partitions
What is an accounting in a partition action?
An accounting is the phase where each party can set out what expenses they paid on the property so that the court can make any necessary offsets.
What kind of expenses would result in an offset?
Expenses which exceed that party's interest in the property are normally reimbursed to that party.
What kind of expenses would not result in an offset?
Expenses that a party paid which are equal or less than their interest are normally not reimbursed.
Is an accounting mandatory?
If the parties agree on how to divide the property or the proceeds from a sale no accounting is necessary.
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.
Partitions Overview
Partition actions are a request to have a court order property to be sold or physically divided among the joint owners.
Prosecution of Partitions
Joint tenants and tenants in common have a right to prosecute a partition action. The court has the final say whether or not to grant a partition, but subject to a few exceptions, a partition will almost always be granted.
Defense of Partitions
Defending a partition involves determining if the matter falls into one of the exceptions where the court will deny a sale or division and making sure that all set offs and credits are properly applied.
Partition Accountings
An accounting is necessary to ensure that all parties are given proper credits for jointly owned property before it is divided or the proceeds of a sale are split.
Lis Pendens in Partitions
A lis pendens is normally filed in most actions involving real estate to prevent a defendant from selling their interest to defeat the lawsuit.
Motion Practice in Partitions
Motions are an integral part of any partition action, and can range from a motion to dismiss, defending or seeking a summary judgment, to discovery motions.
Appeals from Partitions
Appeals from partition orders or judgments is a request to the appellate court to change the outcome of a trial or motion due an error committed by the trial court.
PRACTICE AREAS
Divorce and Matrimonial
Appeals
Constructive Trusts
Partitions
Partitions Overview
Prosecuting Partitions
Defending Partitions
Accounting in Partition Actions
Lis Pendens in Partition Actions
Motion Practice in Partition Actions
Appeals from Partitions