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.
In New York, a partition action can take between 1.5 to 2 years to get to trial. The period depends on various factors, such as the complexity of the case, the number of parties, and the court's case load. Most partition actions, however, are settled and do not go through trial.
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 ...
The court will determine whether the property is divisible and how it should be divided. Judicial Partition Process. Step 1: Filing the Complaint. Step 1: Filing the Complaint. Step 2: Determination of Co-Ownership. Step 3: Physical Partition or Sale. Step 4: Issuance of New Titles.
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.