Prosecution of Partitions
Prosecuting Partition Actions in Nassau and Suffolk County Supreme Court
By J. Douglas Barics
If you own property jointly with someone else, you have an right to sell your interest under most circumstances. More often than not, people are able to resolve their differences through a buyout resulting in the lawyer's role being purely transactional. But sometimes people cannot reach agreements, and when that happens a partition action may be required.
The first step in prosecuting a partition action is to ensure it can be maintained. A review of the deed and any other relevant documents should always be first. In addition, a review of any possible defenses the other owners may have should always be done.
Reaching a negotiated settlement is always a viable option at any stage of the case. It will save time and money and allow you to move on with your life that much faster.
At the Law Office of J. Douglas Barics, we have the skills to negotiate from a position of strength to reach a fair resolution to your case. If a settlement cannot be reached, we are able to litigate any partition at the trial and appellate level.
Do you need representation in a Partition Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
Prosecuting New York Partition Actions
What you need to know about Bringing a Partition Action
Who can bring a partition action?
A titled owner who holds title either as tenants in common or joint tenants with right of survivorship.
If an owner with only a small percentage of ownership is the only one who wants a partition, can the rest of the owners out vote that owner?
No. Every owner no matter how big or small their interest has the right to request a partition.
Who gets to decide if the property is sold or divided?
While each party can state their request, it is up to the court to make this decision.
How do I prove that I have a right to request the partition?
If you are a titled owner, a copy of the deed is sufficient. However, if the other owners claim the deed is a fraud, that too will be decided by the court.
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.