A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A New York Complaint for Partition of Real Property refers to a legal document filed in a New York court by a property owner seeking to divide or sell jointly owned real estate when co-owners cannot agree on the property's future status. Partition is commonly sought in situations where co-owners have conflicting interests, and one owner wishes to separate their ownership from the others. In the New York Complaint for Partition of Real Property, the party filing the complaint, known as the plaintiff, outlines their ownership interest in the property and the names of other co-owners or interested parties. The complaint includes details about the property, such as its location, legal description, and any encumbrances like liens or mortgages. The document explains the reasons why partition is necessary, as well as the desired outcome sought by the plaintiff. The plaintiff may request a physical division of the property or its sale and subsequent distribution of the proceeds among the co-owners based on their ownership percentages. It is important to note that there are different types of New York Complaints for Partition of Real Property, based on the specific circumstances: 1. Complaint for Partition by Sale: This type is the most common and seeks a court-ordered sale of the property, with the proceeds divided among the co-owners based on their respective ownership interests. 2. Complaint for Partition by Alienation in Kind: In this case, the plaintiff requests a physical division of the property into separate parcels, each co-owned by the respective parties. However, this type of partition can be challenging, especially if the property cannot be equally divided or if it significantly affects its value. 3. Complaint for Partition by Appraisal: This type involves a professional appraiser determining the value of the property, and either the defendant or the plaintiff buying out the other co-owner's interest based on the appraisal results. 4. Complaint for Partition by Counter-Partition Agreement: In certain situations, the co-owners may reach an agreement to divide the property among themselves without court intervention. This type of complaint outlines the agreed-upon terms for the partition and seeks court approval. When filing a New York Complaint for Partition of Real Property, it is crucial to consult with an attorney specializing in real estate law to ensure compliance with all legal requirements and to increase the chances of a successful outcome in the partition process.
