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Partition Actions: An Overview

Partition Actions in New York State: A Brief Overview

A partition action is a legal proceeding in New York State designed to divide or partition property that is owned jointly. This typically occurs when co-owners cannot agree on how to use or dispose of the property.

Types of Partition Actions:

  1. Partition in Kind: This is where a court physically divides the property into separate parcels. Each co-owner receives a proportionate share based on their ownership interest.

  2. Partition by Sale: If a physical division is impractical or unfair, the court may order the sale of the property. The proceeds from the sale are then divided among the co-owners according to their ownership interests and are more common in the downstate New York area compared to partition-in-kind actions.

Grounds for a Partition Action:

  • Agreement: The co-owners may have agreed in writing to partition the property.

  • Tenancy in Common: If the property is held as tenants in common, any co-owner can bring a partition action.

  • Joint Tenancy: Joint tenants can also bring a partition action, but the right of survivorship (where the surviving joint tenant inherits the deceased tenant's share) is terminated.

Procedure:

  1. Complaint: The action is initiated by filing a complaint with the court, outlining the co-owners' interests and the grounds for the partition.

  2. Summons: The court issues a summons to serve on the other co-owners.

  3. Answer: The defendant co-owners must respond to the complaint by filing an answer.

  4. Discovery: The parties may engage in discovery to gather information and evidence.

  5. Trial: If the parties cannot resolve the dispute through settlement, a trial may be necessary to determine the appropriate outcome.

Factors Considered:

  • Nature of the Property: The court will consider the physical characteristics of the property, such as its size, shape, and improvements.

  • Interests of the Co-Owners: The court will weigh the interests of each co-owner, including their financial needs, emotional attachment to the property, and other relevant factors.

  • Practicality: The court will assess whether a physical partition is practical or if a sale is more appropriate.

The team at The Donaldson Law Firm, PLLC is experienced with the specific requirements and procedures that partition actions in New York demand. Email or call our team today to schedule a consultation so we can discuss the facts of your case.

Stephen Donaldson