Partition Rules In Bronx
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To initiate a partition action, the petitioner must file a complaint with the appropriate court that describes the property involved. The complaint must also include the ownership shares and interests of all co-owners as well as any other property co-owned by the parties. NY Real Prop Actions L § 905.
The length of a partition action can vary depending on the complexity of the case and whether the co-owners are able to reach an agreement. In general as with any litigation, the process can take several months to a year or more.
The duration of a partition action can vary significantly based on the complexity of the case, the willingness of the co-owners to reach a settlement, and the court's schedule. Generally, the process can take several months to over a year.
If you co-own property such as a home, building or vacant land with someone in New York and have come to find this co-ownership situation unbearable, undesirable or unaffordable you can under New York State's RPAPL Article 9 Partition law bring a partition action and force your co-owner to either sell the property or ...
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as “tenants in common”). In other words, they each own an interest in the undivided land and structures attached to the land rather than each heir owning an individual lot or piece of the property.
Order to Show Cause forms are available at the courthouse, and a judge can set the terms, such as when it will be heard in court, how it will be served on the other side and any conditions or requirements in order to obtain a stay of enforcement of an order or judgment pending the hearing.
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
An order to show cause (OSC) is a request to the court for a new hearing. It can ask for more time or stop the marshal from evicting you. If you do not have a lawyer, you will have to fill out the OSC yourself.