Partition Action Long Island, New York
In New York, a partition action is a legal proceeding that allows co-owners of real property (such as land, buildings, or houses) to force the sale or division of the property when they cannot agree on how to use or manage it jointly. The purpose of a partition action is to enable co-owners to sever their joint ownership and obtain their respective shares in a fair and equitable manner. Many times, this arises in a family situation between relatives who inherit property together. Our office has the skill an understanding to help.
The need for a partition action usually arises when co-owners are in disagreement about the following issues:
- Sale of the Property: One or more co-owners may want to sell the entire property to cash out their investment or resolve any disputes, while others might wish to keep the property.
- Division of the Property: If the property is physically divisible (e.g., a multi-unit building), some co-owners might seek a division of the property, allowing each owner to exclusively possess and control their portion.
- Buyout: In certain cases, one co-owner may prefer to buy out the interests of the other co-owners to become the sole owner of the property.
It’s worth noting that the partition action can be a complex and time-consuming process and can be expensive and frustrating.
Witkon Law maximizes the chances of success by bringing strong actions and trying to resolve them equitably. Additionally, co-owners should have the opportunity to try to settle the matter out of court through negotiation which is often the best path. However, if an agreement cannot be reached amicably, the partition action provides a legal mechanism for resolving co-ownership disputes in New York with teeth. Sometimes this is the only way.
Call or contact us to discuss any time.
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