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Partition actions in New York refer to legal proceedings undertaken to divide jointly owned real property among its co-owners. When multiple individuals share ownership of a property and cannot agree on its use, management, or sale, a partition action can be initiated to resolve the issue. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately. more In New York, partition actions are governed by Real Property Actions and Proceedings Law Article 9 (RPAPL). The process begins when one or more co-owners file a lawsuit in the appropriate court requesting the partition of the property. The court then reviews the case and determines if the property can be divided physically or if it should be sold and the proceeds divided among the co-owners. As part of the division of the property, the Court will often appoint a referee to evaluate any set-offs or contributions by the various owners and will also determine whether the property can be divided or whether it has to be sold. During a sale, the court oversees the process to ensure fairness. The property is typically sold through public auction or private sale, with the proceeds distributed among the co-owners based on their ownership shares and determined set-offs or contributions. It's important to note that in a partition action, the court may deduct costs and expenses related to the legal proceedings from the proceeds before distribution. Partition actions in New York can be complex and involve various legal considerations. If you wish to consult an experienced attorney in the Long Island area regarding partition actions, contact us online here or feel free to call Chiariello & Chiariello today at 516-801-8100.

The weather is heating up — and so is the housing market. Whether you’re looking to sell your property or are shopping for your first home, spring and early summer are typically a peak time for home sales. More homes are put on the market during this time of year, which creates more opportunities for both buyers and sellers. >> Get help with your real estate contracts - contact Chiariello & Chiariello today to consult with a New York real estate attorney. Click here. << Deciding to buy or sell a home is one of the biggest financial decisions you will make. Real estate transactions can be long and complicated, so it is important to work with experienced professionals to ensure your process is as smooth as possible. Connecting with a qualified, savvy real estate broker or agent is as easy as conducting an internet search or visiting a listing website. What can be more complicated — and often overlooked — is finding a good real estate lawyer. WHY DO I NEED A REAL ESTATE ATTORNEY? Your real estate agent or broker can help you find the perfect home or buyer, but they cannot provide you with legal counsel or advice. Your attorney, however, can help you structure your deal and ensures you have the resources and information you need to understand where you are at through every part of the home buying or selling process. If you are buying or selling a home in the state of New York, it is required that you work with an attorney to process all contracts and represent you at the closing. In addition, your attorney will assist you by: Preparing the first draft of the sales contract Finalizing the contract between the buyer and seller Helping process the downpayment for your home Ordering a title report for the property Helping you communicate with lenders and gather the appropriate documents Helping you calculate the costs associated with your purchase and what is due at closing Advising you on the documents you are signing, including the deed, transfer tax returns, and mortgage documents WHY IT IS IMPORTANT TO WORK WITH A LOCAL REAL ESTATE ATTORNEY In real estate, location is everything, and this idea extends to the professionals you hire to guide you through the home buying and selling process. By working with a local attorney, you can count on receiving advice and feedback from someone who lives, works, and is invested in your community. Your real estate agent or broker may have recommendations for attorneys to work with, but you are not required to work with a specific lawyer. While New York State has overarching laws and regulations, a local attorney will have the knowledge and experience to help you navigate any town, county, or city laws that may affect your transaction. In addition, working with an attorney with knowledge of the local real estate market is always beneficial to both buyers and sellers alike. WHAT SETS CHIARIELLO & CHIARIELLO APART FROM THE REST Chiariello & Chiariello not only represents clients in real estate transactions — we have firsthand experience in residential property sales and property development, giving us unique insight into the challenges and experiences facing our clients. We have experience handling real estate transactions of every size, and our attorneys are here to protect your rights and financial health. Our firm is based in Glen Cove, NY, and serves clients across Long Island, Queens, Brooklyn, and New York City. For two generations, we have provided trusted real estate representation. To receive more information about our real estate services, or to schedule a consultation, please contact us today at (516) 360-2869.