Partition Lawyers to Respond to and Defend a Lawsuit in New York, NY

As partitions lawyers, we represent co-owners in responding to a partition case in court. Although partition cases are more often than not granted eventually, we are able to make sure that our clients are given sufficient time and get fair terms. 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
• Respond to a partition complaint
• 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
• Respond to a motion of 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

How a Partition Works in New York

In New York, a partition lawyer files 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

Although partition actions are usually granted, defenses are still available which can create leverage during negotiation proceedings. An illustrative example of these defenses is the failure to observe proper procedures under UPHPA. Cases under UPHPA have been dismissed without prejudice when parties have not entered into bargaining negotiations in good faith. Knowing the proper procedure and failure to observe this can be a good defense in partition cases involving UPHPA.

In addition, most partition cases are settled because parties do not like to reduce their equity interest over the net sales proceeds with payment of 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.

A partition lawyer plays an important role in protecting the clients’ rights as against the other parties. Should you need legal representation in a partition action, 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].