Brooklyn Partition Lawyer Explains the Legal Steps You Need to Take to Resolve the Property Dispute
A partition is the division of property which can be undertaken by a court where the co-owners of real property cannot agree on how the property is to be divided.
So, basically, a partition action is about how you to split up a piece of property between two or more property owners.
In many situations, people who no longer want to co-own property can agree on how to end the joint ownership of the property. For example, the co-owners can agree to sell the property, or one co-owner can buy out the other co-owners.
However, if you are a co-owner of property and you are unable to agree for any reason, it is beneficial to instruct an experienced lawyer to apply to court for a partition to force the division of the property.
Who Can Apply for a Partition in New York?
Partition applications are governed by N.Y. Real Prop. Acts. Law §901. This statute states that any person who co-owns property, for example, as a joint tenant or tenant-in-common, can apply for a partition.
A typical scenario is when multiple heirs inherit one property. The heirs do not want to live at the property together. Therefore, the best option is to sell so that each heir can take their share of the proceeds.
Types of Partition Actions
There are generally two types of partition actions:
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- (i) partition in kind and
- (ii) partition in sale.
A partition in kind physically divides the property into portions which each owner subsequently owns as a sole proprietor. In most cases, it is impossible to physically carve out a section of the property. Therefore partitions in kind are not very common in New York.
Most partition actions are resolved via a partition in sale. This is where the property is sold at auction or listed for sale. Once the property has sold, the co-owners divide the proceeds of sale between them.
How is Property Divided?
Under New York law, a property must be divided according to the type of interest the co-owners have in the property. In most cases, co-owners either own property as joint tenants or tenants-in-common.
Applying for a Partition
To succeed in a partition action, you must:
- Prove your legal co-ownership of the property.
- Demonstrate the proportions in which the property is owned. If you are a joint tenant, the division will be equal. However, if you are a tenant-in-common, you should present evidence, such as a deed, showing what proportion of the property to which you are entitled.
To successfully apply for a partition, you should retain the services of a skilled and experienced Brooklyn partition lawyer. This is especially true if you need assistance in obtaining property and related legal documents to prove you co-own the property. Your lawyer will also represent you at any hearing and can deal with any uncooperative co-owners on your behalf.
Potential Issues That May Arise During the Partition Action
Two issues that may arise during partition actions include: (i) the discovery of a mortgage or lien on the property and (ii) a co-owner attempting to block the sale of the property.
Any mortgage or lien on the property must be satisfied before a property can be divided as part of a partition action. If the charge on the property affects the entire interest, it should be paid off before the proceeds are split between the co-owners. If the charge only affects one party’s interest, the proceeds of sale should be divided, and then the charge paid off using just the affected party’s share.
Sometimes, even if the court orders a partition, a co-owner will try to disrupt the sale of the property. In this situation, it is likely the property will be auctioned to avoid the time and costs associated with trying to force the uncooperative co-owner to agree to sell.
Contact an Experienced Brooklyn Partition Lawyer Today
The attorneys with the Bukh Law Firm, PLLC possess many years of experience in handling partition actions. Our team of legal professionals offer the necessary skills to successfully guide you through your partition action with the attention, respect and dignity it deserves. Contact us today.