New York Partitions
Frequently Asked Questions

A partition action is a case that divides jointly owned property among the owners either by selling the property and dividing the proceeds, or physically dividing the land.

Any titled owner of the property can file. The exception is if titled is held by tenants by the entirety.

The court may deny the partition, but under most circumstances the property will be either partitioned by sale or partitioned in kind.

A partition in kind is the physical division of the property among the owners. This relief will normally be applied to larger tracts of land so long as there is no prejudice.

A partition by sale is when the court orders the property to be sold and the proceeds divided among the owners.

The legal standard is "great prejudice" which means the parties would be harmed if the property were to be physically divided.

Property held as tenants by the entirety may not be partitioned. If the parties waived the right to partition through an agreement that may prevent the partition. If the property qualifies as an heirs property a forced partition may be prevented through a buyout. If the special facts and circumstances exist, the court has the authority to deny a partition if it is equitable to do so. Lack of standing applies to prevent someone who doesn't own the property from seeking a partition. If the deed giving ownership was obtained by fraud that too is a defense.

Residing in the property as a primary residence does not affect the partition.

An accounting of expenses and maintenance is required to allow the court to award each party their appropriate share and take into account their own payments towards the property.