How to Force a Sale of Co-Owned Property in New York (Partition Action)

By Albert Goodwin, Esq. — New York estate and real property litigation attorney. Last updated: June 2024.

If you co-own real estate in New York with someone who refuses to sell, you are not stuck. Under Real Property Actions and Proceedings Law (RPAPL) Article 9, any co-owner can file a partition action and ask the court to compel a sale of the property — without the other owner's consent. This page explains the specific procedure for forcing a sale through the New York courts: how the lawsuit is filed, how the court-appointed referee sells the property, and how the proceeds are divided through the accounting between owners.

This is the right page if your goal is to force the sale. If your situation is different, we have separate, focused resources for offering to buy out a co-owner, responding to a buyout offer, buying out an inherited residence, and the common scenarios where a sibling refuses to leave a deceased parent's house or is living rent-free in an inherited home.

The Statutory Right to Force a Sale

The right to force a sale of co-owned property is statutory and long-settled in New York. RPAPL § 901 provides that a person holding an interest in real property as a joint tenant or tenant in common may maintain an action for the partition of the property, and for a sale if a partition cannot be made without great prejudice to the owners. The principle behind the statute is old and absolute: no one can be compelled to remain a co-owner against their will.

This right does not depend on the size of your share. A minority owner — even someone holding a 10% or 20% interest — can bring a partition action and force a sale of the entire property. It also does not depend on how you became a co-owner. It applies to property you inherited, property you purchased with a partner or spouse, and property you received as a gift. New York courts have consistently held that the right to partition is favored and will not be denied absent a contractual waiver or a recognized equitable bar (see Donlon v. Diamico, 33 A.D.3d 841, and Cadle Co. v. Calcador, 85 A.D.3d 700).

One important exception: property held by a married couple as tenants by the entirety generally cannot be partitioned while the marriage exists — that ownership form is dissolved through divorce, not partition.

Where and How the Case Is Filed in New York

A partition action is filed in the Supreme Court of the county where the property is located — not in Surrogate's Court, even when the property came from an estate. In New York City, that means the Supreme Court in Kings (Brooklyn), Queens, New York (Manhattan), Bronx, or Richmond (Staten Island) County, each with its own assignment and conference practices.

The plaintiff files a summons and a verified complaint identifying the property, every co-owner, the ownership percentages, and all liens and encumbrances. At the same time, the plaintiff files a notice of pendency (lis pendens) under CPLR Article 65. The lis pendens is critical in partition cases: it puts the world on notice that title to the property is in litigation, so any buyer or lender takes subject to the eventual judgment. Under CPLR 6513, a notice of pendency is effective for three years and must be renewed before it expires — letting it lapse can be a costly mistake in a slow-moving case.

The defendant co-owners are served and have 20 or 30 days to answer, depending on the manner of service. If no answer is filed, the plaintiff can seek a default. In most partition cases, the defendant does not seriously contest the right to partition — the right is too well-established. The real fights are over ownership shares, the accounting between owners, and the mechanics of the sale.

Partition in Kind vs. Partition by Sale

The court technically has two options. Partition in kind means physically dividing the land among the owners. Partition by sale means selling the property and dividing the proceeds. RPAPL § 915 directs the court to order a sale where actual partition cannot be made without great prejudice to the owners.

As a practical matter, almost every partition case involving a New York City building ends in a sale. You cannot saw a brownstone, a co-op, a condo, or a single-family home in half. New York courts presume sale is appropriate for improved urban property unless a party proves physical division is feasible and equitable (see Ferguson v. McLoughlin, 184 A.D.2d 294). The court enters an interlocutory judgment determining the parties' shares, then a judgment directing sale, and finally a judgment confirming the sale after it closes.

The Referee and the Open-Market Sale

The court appoints a referee — usually an attorney experienced in real estate — to sell the property. The parties can propose a referee, and judges in the NYC counties often appoint from their own approved lists. The referee retains a broker (frequently with input from both sides), prepares the property, markets it, collects offers, and reports the best offer back to the court for confirmation.

Modern partition sales in New York are typically conducted on the open market rather than by courthouse auction. Open-market sales almost always produce a higher price, because retail buyers compete with investors and there is no auction-day pressure to dump the property at any number. After the referee reports the highest offer, the court confirms the sale and the closing proceeds, with the referee delivering a referee's deed.

The Accounting: Where Most Partition Money Is Won or Lost

The single most consequential — and most contested — part of a partition case is the accounting between co-owners, which determines how the net proceeds are actually divided. Equal owners do not always walk away with equal checks. New York courts apply established equitable credits and charges, including:

• Credit for carrying costs. A co-owner who paid more than their share of the mortgage, real estate taxes, and insurance is entitled to a credit for the others' shares (Worthing v. Cossar, 93 A.D.2d 515).
• Credit for necessary repairs and improvements. A co-owner who paid for repairs that preserved the property, or improvements that increased its value, may recover a credit — though credit for improvements is generally measured by the enhanced value, not the cost.
• Charge for sole occupancy. A co-owner who occupied the property alone may be charged the fair rental value of the other owners' shares — but typically only where the occupying owner ousted or excluded the others. Mere occupancy without exclusion does not, by itself, create a use-and-occupancy charge under New York law.
• Charge for waste. A co-owner who damaged the property or let it deteriorate can be charged for the resulting loss in value.
• Liens and mortgages. All mortgages and liens are satisfied from the sale proceeds before the owners divide the remainder.
• Sale and litigation costs. Referee fees, broker commissions, and court costs are paid from the proceeds, and the court may allocate attorney's fees among the parties.

Because these credits and charges accumulate over years, the accounting can dramatically shift the final split. A 50% owner who paid every mortgage payment and tax bill for a decade may recover well more than half the proceeds once the credits are applied. Preserving records — cancelled checks, bank statements, contractor invoices — is essential to proving these claims.

How Long Does It Take to Force a Sale?

Partition is not fast. From filing to closing, most New York City partition cases run roughly 12 to 24 months, and contested cases can take longer. The time is consumed by serving defendants (particularly out-of-state or evasive owners), discovery on disputed accounting issues, appointment of the referee, the marketing period, and the confirmation process. Cases where the parties largely agree on shares and sale move considerably faster than cases where every credit is litigated. Clean, well-documented filings and active calendar management measurably shorten the timeline.

Can the Other Owner Stop the Sale?

Usually not. Because the right to partition is so strongly favored, the most common ways an owner can block or delay a forced sale are narrow: a written agreement among the owners waiving or restricting partition, an equitable defense based on the parties' conduct, or a dispute that converts the sale into a negotiated buyout. In practice, the threat of a court-ordered sale is what brings reluctant co-owners to the table — many partition actions settle once the defendant realizes the sale will happen with or without their cooperation.

Inherited Property and Estates

A large share of partition actions arise from inherited property — siblings who inherit a parent's home in equal shares and cannot agree on what to do with it. An estate cannot close cleanly while the real property is in limbo. Sometimes the executor or administrator brings the partition action; more often, the property is distributed to the beneficiaries and one beneficiary then files for partition. For deeper guidance on these estate scenarios, see our pages on a beneficiary living in an inherited house and a sibling who refuses to leave the family home.

Frequently Asked Questions

Can a minority owner force a sale of the whole property?

Yes. Under RPAPL Article 9, any co-owner — regardless of the size of their share — can bring a partition action and force a sale of the entire property. A 25% owner has the same right to compel partition as a 75% owner.

How much does a partition action cost in New York?

Costs vary with how heavily the case is contested. Beyond attorney's fees, you should expect the court filing fee, the cost of the notice of pendency, the referee's fee, and the broker's commission — many of which are paid out of the sale proceeds rather than out of pocket. An uncontested partition costs far less than one where ownership shares and the accounting are litigated.

How long does it take to force a sale?

Most New York City partition cases take about 12 to 24 months from filing to the closing of the sale. Contested accounting disputes, evasive defendants, and a slow marketing period can extend that timeline.

Can the other owner stop the partition?

Only in limited circumstances — typically a written agreement waiving partition, a recognized equitable bar, or by negotiating a buyout. The right to partition is strongly favored in New York, so a co-owner usually cannot simply refuse to participate to prevent a sale.

Will I get credited for paying the mortgage and taxes?

Yes, if you can prove it. In the accounting phase, a co-owner who paid more than their share of the mortgage, taxes, and insurance is entitled to a credit for the other owners' shares. Keep your payment records.

Speak With a New York Partition Attorney

If you co-own property in New York and need to force a sale, our office can evaluate your ownership, the available credits and charges, and the fastest path to ending the deadlock. Albert Goodwin handles partition and co-ownership disputes in the Supreme Courts of all five boroughs and the surrounding counties.

Call 212-233-1233 or email [email protected] to schedule a consultation.

This article is general legal information about New York law and is not legal advice. Reading it does not create an attorney-client relationship. Consult a licensed New York attorney about your specific situation.