PARTITION ACTION

Guiding You Through the Legal Proceedings Used to End Joint Ownership

A partition action is a legal proceeding used to end joint ownership of real estate when co-owners cannot agree on what to do with the property. Any co-owner has the right to request that the court sell the property and distribute the proceeds fairly among the owners.

Partition actions most often arise in cases involving:

Inherited property among siblings or family members
Unmarried couples who own property together
Former business partners or friends who invested jointly
Co-owners who disagree about selling, maintaining, or renting a property

Types of Partition in New York State

There are two forms of partition of real estate:

Partition in Kind – The property is physically divided among the owners (possible for large parcels of land, but rare for residential property).
Partition by Sale – The property is sold, and the sale proceeds are divided among the co-owners according to their ownership interests.

In most residential real estate cases courts order a Partition by Sale because it is no practical to physically divide the property.

Our Partition Action Services

Our firm provides comprehensive legal representation in all aspects of partition matters, including:

Evaluating ownership interests and reviewing deeds, wills, or trust documents.
Negotiating buyouts or settlement agreements to avoid litigation when possible.
Filing or defending a partition action in court.
Coordinating appraisals and valuations of the property.
Handling sales, title transfers, and distribution of proceeds.
Conducting Pre-Trial Discovery, such as depositions, accounting for property expenses to ensue you receive your fair share of the sale's proceeds.
Representation at Trial and Post Trial Judgment Enforcement.

Kevin O'Sullivan has brought and defended partition actions on behalf of his clients throughout New York City, Long Island and Westchester County. Kevin will work to see if the co-owners can come to an agreement on the sale of the the property, if an agreement cannot be reached he will fight to seek an order from the court forcing the sale of the property to ensure that his clients receive their fair share of its value.

Your home is often your most valuable asset so whether you want to start a partition action or have been named as a defendant in one you’ll need a skilled real estate litigator on your side. If you have any questions about partition actions and would like a free consultation contact Kevin M. O'Sullivan at (718) 587-9922 or e-mail us at info@lawfirmKos.com today.