New York Notice of Judgment of Partition Sale
Description Partition Release Date
How to fill out Bond Against Lien?
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New York Judgment Order FAQ
If you want to sell the house and your co-owner doesn't, you can sell your share. Your co-owner probably won't like this option, however, unless they know and feel comfortable with their new co-owner.Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.
The court can't divide a house in half, so instead, it can force owners to sell, even if they're unwilling. Profit or loss from the sale is divided among the owners based on their stake.
A suit for partition is filed in a Civil Court having jurisdiction over the area where the property is located. If there are several properties, the lawsuit can be filed in any one of the courts. The partition suit results in a decree which ends the joint nature of the property.
It generally takes about a year and half to two years to get to trial on a partition action.
Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the sale.Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.
A written notice that a prevailing party provides other parties to alert them that an order or judgment has been entered in a New York state court.
If a party wishes to serve notice of entry, it must download the entered judgment or order from NYSCEF, draft a notice of entry cover page, attach the notice of entry cover page to the entered judgment or order as a single PDF/A, and then file the notice of entry on NYSCEF.
If you want to sell and your partner doesn't (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
When a co-owner of a house wants to sell and the others do not, New York law allows the co-owner who wants to sell to force the sale of the house by petition the court or partition.