Motion Practice in Partition Actions
Partitions Motions
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If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any matter where a partition action may be necessary. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.
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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