A real estate partition is a legal process through which co-owners of a property divide their ownership interests. This can occur because of a disagreement between co-owners over how to use or manage the property or when one owner wants to sell their share and others do not.
If you have questions about real estate partitions or are looking for an attorney to assist you with one, you have come to the right place. At Anderson, Bowman, Wallshein PLLC, our attorneys have a wealth of experience in New York real estate law and litigation. We are equipped to help clients navigate all kinds of challenges, whether they involve dividing, selling, or managing property.
To speak directly with one of our lawyers about your situation, questions, concerns, and what our firm can offer, call (929) 590-5053 or reach out online. We proudly serve Long Island, Queens, and other locations in the New York metropolitan area.
Types of Real Estate Partitions
There are two different types of real estate partitions. We explore both below:
Partition In Kind
At times, you will hear this called an “actual partition.” It severs the individual interests of each joint owner, giving them control of a specific portion of the property. This is the most common type of partition that we deal with at Anderson, Bowman, Wallshein PLLC.
It is also the easiest, particularly when:
Parties get along but disagree with the best use of land
The land is readily divisible into discrete portions
Of course, partitions in kind can have complications, from competing interests to disputes about property ownership interests. In these cases, an attorney’s guidance and advocacy can prove invaluable.
Partition By Sale
As the name suggests, this type of real estate partition involves selling a property and dividing the proceeds among co-owners. Generally, a partition by sale is the best option when a partition in kind is prohibitive. An example of this situation would be a small lot of land with a cottage on it; apportioning the land to co-owners is of little use here. Additionally, this kind of partition is advantageous if parties cannot agree on how to use or split the property in question.
Partitions by sale can come with a few complexities, too—all of which our Queens real estate partition lawyers can assist with:
Sale of real estate must appease the involved parties
Co-owners grappling over who is entitled to what portion of land
Partition agreement cannot be reached upon amicable terms
When there are liens or mortgages on the property that must be resolved before it can be sold
Not sure where to start? Get a free consultation with our experienced attorneys to discuss your legal needs. We’ll provide you with clear guidance and expert advice, with no obligation.
What to Know About Resolving Property Disputes with a Partition Action
Co-owners of real estate often face disagreements over how to handle their jointly-owned property. One party may want to sell the property and move on, while another may prefer to retain ownership and generate income from it. Disputes can also arise over differing visions for how to use the land, whether for personal, commercial, or other purposes. These disagreements can create tension and complicate the management or future of the property.
To resolve such disputes, co-owners may voluntarily agree to partition their ownership rights. Courts generally approve these agreements as long as they do not violate anyone’s rights. Voluntary partition allows the parties to amicably divide their interests without court intervention. However, when co-owners cannot agree, one party may file a lawsuit requesting a court-ordered partition, also known as a compulsory partition.
Unlike voluntary partitions, court-ordered partitions can be challenged based on various legal principles, such as statutes of limitations, undue delay (laches), or conflicts with public policy. In these cases, the court considers several factors, including the rights, titles, and interests of all parties involved, to reach a fair resolution. Whether seeking a voluntary agreement or defending against a court-ordered partition, navigating these disputes requires a thorough understanding of property laws and the potential implications for all parties.
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How an Attorney Can Help You with a Partition Action
When you are ready to pursue a partition, or if someone has filed one that you want to contest, securing the counsel of an attorney is in your best interests. The law is complex, and it is likely that competing parties have representatives of their own. Traversing your case alone could put you at a disadvantage. However, our lawyers are here for you.
As our client, you can benefit from the following and more:
Expert knowledge of New York real estate law and partition procedures
Guidance on the best type of partition for your specific situation
Negotiation and advocacy skills to reach a favorable outcome
Assistance with resolving any disputes or complications that may arise during the partition process
Protection of your rights and interests throughout the entire process
At Anderson, Bowman, Wallshein PLLC, our goal is to help you navigate challenging matters of real estate law and achieve optimal resolutions.
If you are looking to partner with a real estate partition attorney in Queens, call (929) 590-5053 today. We offer free consultations.
