Your Trusted Partition Attorneys in New York, NY

If you own real estate in New York with other co-owners, you may have considered partitioning the property - that is dividing up the property so each owner has their own separate parcel or selling the property and distributing the net proceeds among the co-owners.

However, partitioning property can be legally complex. That's why if you're thinking about petitioning for partition in New York, it's highly advisable to hire an experienced partition lawyer like us to handle the process for you.

Conflicts Giving Rise to Partition

When you inherit real estate, you become a co-owner with other heirs who you don’t see eye-to-eye with. Conflicts often arise in situations such as:

• You want to sell the inherited property, but co-owners disagree.
• You want to rent the property for income, but co-owners block this.
• Repairs or maintenance are needed, but co-owners refuse to contribute funds.
• One heir lives on the property rent-free against your wishes.
• A co-owner seems to be using more than their fair share of the property.
• You can’t reach agreements on management, expenses, taxes, or other issues.

When conflicts emerge with inherited property, a partition sale or action may be necessary to protect your rights and interests. We can handle the partition process on your behalf.

Knowledge of the Law

Partition is governed by New York statute. There are very specific procedures that must be followed. We understand these rules and laws inside and out. We know the proper process to follow and paperwork to file with the court. We can also advise you on the strength of your case and your rights as a co-owner of the property.

The Uniform Partition of Heirs Property Act in New York

In addition to standard property partition laws, there is an important law in New York that pertains specifically to inherited property with multiple owners: The Uniform Partition of Heirs Property Act (UPHPA).

The UPHPA was passed in New York in 2021 to address common issues that arise when family inherit ownership of a property as tenants-in-common. The goal is to protect the rights and interests of all heirs and prevent unfair partition sales.

This law aimed to prevent the following situations, which were prevalent prior to the enactment of this law:

• Forced Sales Far Below Market Value. Without UPHPA’s appraisal requirements, properties were sometimes partitioned and sold at undervalued prices, harming heirs.
• Unfair Manipulation of the Process. Speculators would buy a small share from one heir and force a cheap sale.
• Lack of a Right of First Refusal. Heirs were sometimes unable to buy out co-owners before public sales.
• Arbitrary physical divisions. Properties were sometimes divided unfairly without regard to value.

Now, key provisions of the law aim to minimize the risk of the above situations from happening, such as:

• Requiring a partition in kind or physical division of the property if feasible, rather than an automatic forced sale. This helps heirs retain ownership.
• Allowing heirs the right of first refusal to buy out other shares before any public sale.
• Requiring notice to all heirs and property appraisals to be done before any partition

If you’ve inherited a property in New York and are seeking partition, the UPHPA adds another layer of specific laws and procedures to be aware of. Hiring an experienced partition attorney like us is key to ensuring the law is followed properly and your rights are protected. Our firm has in-depth knowledge of this important law.

Process for Partition

Here is an overview of the typical procedure a partition lawyer like us follows when filing a partition case:

• Pre-Filing. We first examine the title/deed of the property to confirm ownership interests. We then send a demand letter to co-owners asking them to partition voluntarily. If that fails, we will have the property appraised to determine current fair market value.
• Filing the Partition Action. We prepare and file a summons and complaint outlining the grounds for partition and serving the defendants (co-owners). We will file a notice of pendency on the property to prevent unauthorized transfers during litigation. We file a reply to the answer of the defendants and raise our counterclaims, if any.
• Judicial Referral. Once pleadings are complete, the judge refers the case to a referee, usually an attorney, to oversee. The referee holds hearings, takes testimony, and oversees property appraisals if needed.
• Referee’s Report. The referee submits their report and recommendations to the judge on how to partition the property. This may recommend a physical division or a forced sale and distribution if division is impracticable.
• Judge's Order. The judge reviews the referee's report and enters a final judgment ordering the method of partition. If sale is ordered, we handle the conduct of the sale under court supervision. Proceeds are distributed per the ownership shares outlined in the judgment.
• Post-Partition. We record all necessary deeds, transfers and other documents to finalize the partition. We also get the notice of pendency removed and handle any other closing details. Specific processes may apply once the property is determined as heirs property under UPHPA. An experienced New York partition lawyer like us can assist you in the process.

The Importance of Settlement in Partition 

Most partition cases are granted by the courts. Courts would rarely force co-owners to stay as such when partition is feasible. For this reason, partition is usually just filed as leverage for negotiations among the co-owners, especially when one co-owner is stubborn and would not like to partition or sell the property. Usually, these are the co-owners who live in the property and are deriving use over the property to the detriment of the other co-owners. When a partition case are filed, legal fees accumulate, which then reduces the co-owners equity over the property. An experienced lawyer like us will first attempt to negotiate a settlement between the co-owners in order to find the most efficient and cost-effective process for the client to achieve his objective.

Generally, there are several opportunities to reach a settlement during the legal process:

• Pre-Suit Settlement. We send a demand letter asking co-owners to partition voluntarily before any legal action is filed. At this stage, a settlement avoids court altogether.
• Settlement During Litigation. After a partition suit is filed, the owners have a period to file answers and objections. Settlement talks can occur here before significant litigation expenses accrue.
• After Referee Appointment. Once the referee is appointed, the parties will often hold a settlement conference. The owners and lawyers can negotiate a compromise with the referee's assistance.
• Post-Referee Recommendations. If no settlement is reached earlier, after the referee files recommendations, this can spur a settlement rather than proceeding to a final hearing.

Reaching a settlement allows the co-owners to partition on their own mutually-agreeable terms rather than leaving it in the hands of a judge. We always emphasize negotiation and compromise because it can deliver great value and avoid prolonged litigation. With the right approach, a fair resolution is often attainable.

Objectivity

Emotions and tensions often run high when co-owners partition property, especially because co-owners are usually family members. You need an objective third party to handle and communicate the sensitive details. Your lawyer isn't personally involved and can logically handle issues like property appraisals, surveying, titles, and more.

Questions to Ask Prospective Partition Lawyers

Here are some key questions to ask when interviewing prospective partition lawyers:

• How long have you been handling property partition cases? How many have you completed?
• What is your strategy for achieving a successful partition here?
• What are the steps and timeline involved?
• How will you communicate with me throughout the process?
• Do you foresee any complications or challenges in this case? How will you handle them?
• What legal fees should I expect? Are there any other costs involved?
• Can you provide references from past partition clients?

By asking these types of questions, you can get a feel for the lawyer's experience and approach.

Don't Attempt Partition Without a Lawyer

In most cases, attempting to partition property without good legal guidance is unwise. The legal hurdles are challenging for non-lawyers to navigate. With so much at stake, having an experienced lawyer handle the process and represent your interests can give you invaluable peace of mind.

If you need legal representation in partitioning property in New York, we, at the law offices of Albert Goodwin, are here for you.  We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at [email protected].