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Prosecution of Partitions

Practice Area Partition Prosecution

Prosecuting Partition Actions in Nassau and Suffolk County Supreme Court

How a Partition Action is Prosecuted in New York

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.

What you need to know about Prosecuting a Partition Action


Who can bring a partition action?

RPAPL ยง901 lists the four categories of who can bring a partition action. In simple terms, they are as follows.

    1. A titled owner who holds title either as tenants in common or joint tenants with right of survivorship.
    2. Someone who holds a future estate
    3. Someone who holds the property through an inheritance
    4. The administrator of the estate of a property owner who meets one of the above categories.

How is a partition action started?

A partition action is commenced by filing a summons with a complaint in the Supreme Court of the county where the property is located. A notice of pendency is normally filed as well, but it is not required.

What information must be in the complaint for a partition?

The complaint must name all owners of the property and identify their respective interests. It must state if the owners have any other jointly held property together. The complaint must also give a detailed legal description of the property.

If the owner is also asserting another cause of action such as a constructive trust, that too must be spelled out in the complaint.

What happens after the partition complaint is filed?

After the complaint is filed, it must be served on all defendants and the affidavit of service filed with the court. Defendants have either 20 or 30 days to respond with an answer as a defense to the partition, but this timeframe is normally extended as a matter of course.

After the answer is served, a preliminary conference will be scheduled which sets out the timetable for the rest of the partition action.

How is the right to a partition determined?

The right of the plaintiff to request a partition is normally decided well before a trial. It is very common to bring a summary judgment motion using the deed as the basis to show the right to maintain the partition. The defendant will have the option to dispute the validity of the deed or any other legitimate defense should one exist.

If a defense to the right to request a partition exits such as a contract or prior court order, that too can be raised early on to stop the partition action from proceeding in advance of a trial. The court may grant this request or it may defer them to the trial.

The partition itself cannot be granted at this point, the court will merely decide if there is any valid reason why it should not proceed.

What is discovery in a partition action?

Discovery is the exchange of information between the parties using various methods authorized by the rules of procedure. This is where claims and defenses are developed and examined for strengths and weaknesses. The information obtained in discovery is not used at this point. Instead, the material obtained in discovery will be used at trial should one be necessary.

Proper preparation in requesting or responding to discovery can make or break a case, and a mistake here can prove fatal later on.

When is the partition itself decided?

Once discovery is concluded the court will schedule a trial for the partition itself. All sides will present testimony and evidence to their claims and defenses, along with any claims for credits or adjustments. If a claim or defense is not raised at trial, it is effectively lost. At the conclusion of a trial, the court will issue a decision, resolving all issues between the parties involving the partition.

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.