Partition: Forcing the Sale of Jointly Owned Property
Updated: Jul 7, 2022
If you own property with someone in New York and have come to find this co-ownership situation unbearable or undesirable, you can under New York State's Partition law bring a partition action and force your co-owner to either sell the property or buy out your interest.
While many individuals are unaware or unfamiliar with this process it is a viable option for those who can no longer tolerate or afford co-owning property with another person. Typically, the courts will not require you to give a reason as to why the property must be sold or why you want to sell your interest. All a party bringing a partition action must prove is that they are a legal co-owner of the property at the time the action is started.
In a typical case that we may handle multiple beneficiaries of an estate will all inherit the same property which they now co-own with each other on title. At some point one or more of the co-owners may want to sell the property while others, often those living in the property for free, do not. To force the sale of the property a party will need to start a partition action.
With over 40 years of experience, the law firm of O'Sullivan & Zacchea has brought partition actions on behalf of our clients in the Supreme Courts throughout New York City, Long Island and Westchester. Our goal is to have the co-owners come to an agreement on the sale of the the property and if that cannot be achieved we will seek an order from the Court to compel the sale of the property to ensure that our clients receive their fair share of its value.
Should you find yourself in a position where a co-owner does not feel the same way you do about the sale of a home or building please feel free to call Kevin O'Sullivan at (718) 713-3499 for a free consultation. You can also contact Mr. O'Sullivan by email at Kosullivan@ozatlaw.com.