New York Partition Warranty Deed
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FAQ
Attorney fees for even the most simple of partition actions could exceed $5,000. Even if the partition lawsuit is uncontested, there are many steps and lots of paperwork, which requires a significant amount of attorney time. And if the matter is contested or complicated, costs can exceed $15,000 or even $20,000.
It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
(f) "Partition by sale" means a court-ordered sale of the entire heirs property, or the portion thereof in which any co-tenant who acquired title from a relative resides, whether by auction, sealed bids, or open-market sale conducted under subdivision ten of this section.
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.
A deed transferring title to commercial or residential real property from the grantor to the grantee. In New York, a full covenant and warranty deed provides the grantee with general covenants made by the grantor and the covenant under Section 13 of the New York Lien Law.
