Partition – The Real Estate Divorce

The partition process in New York is a legal procedure used when multiple people share ownership of real property—typically as tenants in common or joint tenants—and one or more parties wish to divide or sell the property, but cannot agree on how to do so. This commonly occurs among family members who inherit property or co-owners who have had a falling out.

Under New York law, any co-owner has the right to seek a partition by filing a lawsuit in the New York Supreme Court (the state’s trial-level court). The court first determines whether the party has a legal right to partition. If so, the court will evaluate whether the property can be physically divided (partition in kind), or if it must be sold and the proceeds distributed (partition by sale).

A partition in kind is preferred if feasible—especially for rural land—but is often impractical for urban properties or single-family homes. If the court determines a physical division is not possible without harming the value or rights of the parties, it will order a judicial sale, usually by a court-appointed referee.

Proceeds from a sale are typically distributed according to each party’s ownership interest, after accounting for any adjustments such as improvements made, taxes paid, or expenses incurred by individual co-owners.

In 2020, New York adopted the Uniform Partition of Heirs Property Act (UPHPA), which applies to inherited property. The UPHPA adds protections for heirs by requiring an appraisal and giving co-owners the opportunity to buy out the interest of the party seeking the sale before the court orders a public sale.

The partition process can be complex and emotionally charged, particularly among family members. Legal counsel is highly recommended to navigate the procedural requirements and protect the parties’ interests. Feel free to call Chiariello & Chiariello if you need assistance with a dispute regarding your ownership in real property. 516-801-8100

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