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127-16 14th Avenue, College Point, NY 11356

Partition Attorney – Action for Partition of Real Property

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    Conflicts can arise within a business or within a family. When they threaten the ownership of real property, you may need a partition attorney to help you partition real estate between conflicting owners. The partition lawyers at the Albert Maimone & Associates, P.C. law practice in Queens serves the needs of all five boroughs, as well as Suffolk and Nassau counties. When partition of property comes between you and others, get the best legal team on your side. Call today for a free consultation.

    What Is an Action for Partition?

    An action for partition is a legal recourse taken against property disputes that involve more than one owner. Through the partition action, the property in question is fairly divided or the proceeds from the sale evenly distributed. The aim is to minimize real estate litigation by offering an amicable solution.

    The real estate law regarding partitions applies to both residential and commercial properties, including undeveloped parcels. As each partition of property case is different, you need a knowledgeable partition lawyer. The legal experts at the Albert Maimone & Associates law practice use a client-based approach.

    This boutique law firm serves the five boroughs of New York City — Queens, Manhattan, State Island, the Bronx and Brooklyn — along with Nassau and Suffolk counties. Individuals and businesses get dependable advice during a free consultation. You can rely on skilled representation when needed, as these lawyers have in-depth knowledge in many aspects of the law, such as civil litigation, business law and real estate closings.

    When Does the Action for Partition Apply?

    When an owner files to partition real estate, it’s usually because one owner in a joint-ownership situation wants to sell, while the other doesn’t. This situation may arise for several reasons, such as the property is co-signed by a husband and wife both. Other cases where you may need a partition attorney include:

    Remember that the action for partition is dependent on property ownership and not on property occupancy. Also, the legal terminology for joint ownership varies according to circumstances. Your partition real estate lawyer must assess the situation to determine the right course of legal action.

    Are There Different Types of Partition Actions?

    The judiciary governance partitions the disputed property based on the legal definition of joint-ownership. The law sees joint ownership in one of three ways:

    1. Joint Tenancy. This is the most common definition. It’s a situation in which all the co-owners have equal rights. Usually this involves the Joint Tenancy with Rights of Survivorship clause that stipulates if one owner dies, the deed transfers all the rights to the surviving owner without going through a will probate process.
    2. Tenancy by Entirety. This type of ownership is applicable to married couples. It often comes with the Rights to Survivorship clause as well. If the couple divorces, however, the ownership falls under Tenancy in Common.
    3. Tenancy in Common. This type of joint ownership allows for unequal property ownership shares. It includes the ability to sell or transfer an ownership share without consent from the other owners. It’s common in divorces, where one party may transfer or sell their ownership to the other.

    Once the ownership type has been clarified, a judge determines the action for partition type. There are three primary types of partition actions, including:

    1. Partition in kind. This is usually seen in rural areas, where the dispute is over the usage of the land. Consider this example: three people own a piece of land, and each has a different idea for development —turn it into a ranch, build a casino or make it a meditation retreat. After an action to partition real estate is filed, the court may equally divide the acres. Then, each has a parcel to develop as they please.
    2. Partition by sale. This happens when the property can’t be physically divided, such as when two people own a building complex. If one wants to sell, but the other doesn’t, a dispute develops. Since the building can’t be split into two, the court issues the order to sell the property and divide the sales proceeds.
    3. Partition by appraisal or allotment. This partition type is more like a compromise between the two parties. Instead of fighting over the property, one of the owners is given the opportunity to sell his part of the property to the other. The amount to be paid is based on an appraisal performed by a third party.

    Why Do I Need a Partition Attorney?

    Once filed, an action for partition can’t be stopped. If you face an action for partition and the court gives a verdict, you must comply. As a result, you may lose your home if that’s the property of the partition action. It may have to be sold and the proceeds divided. You could have avoided this situation if you’d had a lawyer draft and review the contract when you closed on the residential or commercial real estate.

    All the attorneys at law from Albert Maimone & Associates come with comprehensive real estate law experience. They can represent your interests in an action for partition of property. To get the best partition lawyer in NYC, contact the office in Queens for a free consultation and a review of your legal matter within 48 hours.

    Albert Maimone & Associates P.C.

    127-16 14th Avenue
    College Point, Queens, NY 11356
    (718) 357-1216

    Page Updated on Mar 17, 2024 by Albert Maimone, Esq., (Lawyer) of Albert Maimone & Associates P.C.