When people own property as tenants in common, they own it with other cotenants and any one of them can force a partition (division) and sale of the property. Learn about what marital property is and how it is distributed during a divorce, and discover how property rights are decided in the New York court system.An action for partition is a type of litigation and is an adversarial process. The first step is to identify who must be sued. Read our post to learn about equitable property distribution in New York and how divorce can affect your financial future.