Can a Court Force the Sale of a Shared Property in a Partition Case?

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.

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.

Tags: disputes, partition case, real estate
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