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When co-owners of real estate can't agree on what to do with it, a real estate partition may be the solution. A Glen Cove, NY lawyer can help you and your family if you're dealing with a partition action. more How the Real Estate Partition Process Works Filing Your Complaint The first step is to file a verified complaint in the county where the property sits. The complaint lists every owner, describes the property, and states each person's share in the property. All co-owners must be named as defendants so the court can bind everyone with its decision. Moving Through the Court After the parties answer, the court decides whether partition in kind is possible. This refers to simply dividing the property so that owners who don't wish to sell can keep their portions. However, most residential properties fail that test because you cannot split a single-family home down the middle without destroying its value. The judge then appoints a referee to oversee the sale. The referee handles marketing, accepts bids, and confirms the sale with the court. Proper Accounting Before the money is distributed, the court will require a full accounting and clear proof of what each owner contributed to the purchase price, mortgage payments, property taxes, insurance, repairs, or improvements on the property. If one of the co-owners lived in the property rent-free, for example, and the other/s did not, that owner might owe any other owners for their share of the fair rental value. Special Rules for Inherited Property If the property passed down through the family without a will or probate action that clearly divided it, it may qualify as the heirs' property. The Uniform Partition of Heirs Property Act applies in this case and adds in some extra steps before any sale can occur. The court must first determine if the property meets the definition, so it will make sure: The title came from a relative There's no written partition agreement The property is used for residential or agricultural purposes If the property qualifies, then the court will order a mandatory settlement conference. Anyone who wants to buy out the others at fair market value is permitted to do so, and an independent appraiser sets that value. If no buyout happens and physical division wouldn't work, the court can order a sale, but it must try an open-market listing with a broker first instead of jumping straight to auction. These protections are meant to give family members some extra time and some better options to keep the property in the family if they want it. Talk to a Glen Cove, NY Lawyer About Real Estate Parition Wherever you are in the process, contact us at Chiariello & Associates in Glen Cove for help. Our family-owned firm has been helping Long Island families resolve their property disputes for over fifty years. Call today to schedule a free consultation and take the next step with someone who treats your case like it's their own family matter.

If you're dealing with a contract dispute in New York, know that mediation is often a good option that can settle the issue without it having to go to trial. A breach of contract attorney in Glen Cove, NY, can help you decide if this approach is likely to fit your situation. more Can Mediation Resolve a Contract Dispute in Glen Cove, NY In a mediation, a third party, called a mediator, oversees a discussion between two parties who are at odds. The goal is to sort things out and find a solution that works for everyone without having to go to court. In New York, mediation is widely used for civil matters like contracts, and the state encourages it as a way to resolve conflicts and take pressure off the court system. The mediator doesn't give legal advice (each side should have their own lawyer for that). The mediator simply guides the conversation in the hopes that misunderstandings can be clarified and all options explored. The Process of Mediation If your dispute is already in court, the judge might order mediation as part of the case, but you can also choose it voluntarily before filing a lawsuit. Your contract may even specify it as a requirement before either party can bring a lawsuit. In the first session, everyone explains their side of the story. At this point, the next step depends on the situation and the mediator. The mediator might meet with each party separately to dig deeper, ask to see the contract, or begin discussions. The mediator will typically break down the dispute into its key parts, get rid of extraneous issues that may be distracting everyone from the real issues, help you brainstorm fixes, and try to end with an agreement everyone can live with. Benefits of Mediation One big advantage of mediation is the speed. Court cases in New York can drag on for months or years, but with mediation, you could easily be done in just a couple of weeks. This also saves money for everyone, and it's much less stressful. Another plus is the flexibility. In court, outcomes are limited to what the law allows, but in mediation, you can get creative to find ways to resolve your issues your own way. When Mediation Isn't Right If one party refuses to participate in good faith or if there's a big power imbalance, like between a large company and a small vendor, mediation might not work. Also, if you need the whole thing to be a matter of public record or want to set an important precedent, going to court is better. And in cases involving fraud or where one side wants punitive damages, litigation is probably going to be required. Your Breach of Contract Attorney An attorney can first review your contract to make sure you know where you stand and then thoroughly explain your rights under New York law so you know what to ask for. Then, your attorney will prepare you for the discussions, spot weaknesses in the other side's position, and suggest realistic settlements. Your attorney will review all agreements to ensure they're legally sound and in your best interests. For personalized advice on your situation, reach out to Chiariello & Chiariello, Attorneys at Law in Glen Cove for help anywhere in the larger Queens area.