Partition Lawyers Who Prosecute Partition Lawsuits in New York, NY

As partitions lawyers, we represent co-owners who want to have the court force a sale of the jointly owned property and divide the proceeds. Partition cases are usually granted and the property is sold. In most cases, the co-owner eventually agrees to sale of the property, but some of them do end up having properties being sold by a court-appointed receiver. We fight for the biggest possible share for our clients and make sure they are not unfairly taken advantage of.

Here are some of the things we do as partition lawyers when we respond to a lawsuit:

• Gather the facts of the case from the client, documents and other sources
• Draft a partition complaint
• File the complaint with the court and make sure it gets served on the co-owner
• Communicate with client, court and opposing counsel
• Attend court hearings
• Put together a settlement
• Make sure our client has sufficient time
• Make sure our client gets a fair deal
• Ensure that proper procedure is followed in court proceedings
• Make a motion for sale of the property
• Prepare legal documents related to the partition case, such as the answer, settlement agreement and deed for the sale of the property

A partition lawyer can assist a co-owner in bringing a partition case in court to request for the sale of co-owned real property, especially in cases where there are disagreements regarding property management. The partition case can refer to a request to physically divide the property, if capable of division. More often than not, however, partition cases request for the sale of the real property and the distribution of the net sales proceeds to the co-owners.

How a Partition Works in New York

As partition lawyers, we bring a partition case with the Supreme Court where the property is located. Although most partition cases occur between co-owners who are heirs, partition cases can also occur among co-investors of a property, among other instances. Although partition usually involves the sale of real property and distribution of proceeds among the co-owners, a court will prioritize the physical division of property, if it is possible.

Special Rules When Heirs are Involved

Bringing a partition case when property involves heirs is different from regular partition cases. When property is declared as heir property, special procedures are observed under New York law.

A property is considered heir property when:

• There is no agreement governing the partition of the property;
• Any of the co-tenants acquired title from a relative; and
• Any of the following applies:
  • 20% or more of the interests are held by co-tenants who are relatives;
  • 20% or more of the interests are held by an individual who acquired title from a relative;
  • 20% or more of the co-tenants are relatives of each other; or
  • Any co-tenant who acquired title from a relative resides in the property.

Under the Uniform Partition of Heirs Property Act (UPHPA), the following procedures must be observed when dealing with heir property:

• Co-owners are required to bargain in good faith regarding the sale of the property in a mediation conference. If this fails, the court is required to make a valuation of the inherited property in an evidentiary hearing;
• Based on the property's market valuation, the property is offered to the defendant co-owners, who are given the right to purchase the share of the co-owner seeking partition.
• If the defendants do not exercise this right, property may be sold in open market (and not in auction) at fair market value.

Typical Outcomes

Partition actions are usually granted, for as long as proper procedure is observed. Most courts will not force co-owners who do not wish to stay co-owners to maintain such arrangement. For this reason, once the partition lawyer brings a partition case to court, it is advisable for parties to immediately settle so that that the equity of the heirs on the sales proceeds will not be substantially reduced by legal fees. For this reason, a partition case is usually just brought before the court for leverage in negotiations, especially for those co-owners who are not yielding in not wanting to sell the property.

As partition lawyers, we play an important role in bringing the partition lawsuit and making sure it continues until the property is sold. If you are looking to start a partition lawsuit, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].