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In New York, each party pays for their own attorney’s fees for a partition action. So if you are bringing the action, you’re paying your attorney to pursue it. If you’re defending it, you’re paying for your attorney to defend it.
Under the Real Property Actions and Proceedings Law, partition is an action filed by a co-owner (either a joint tenant or tenant in common) for the sale of the property. Generally, if the property cannot be physically divided, the court will order the sale of the property and direct the distribution of the proceeds to the co-owners after payment of expenses.
How a Partition Action Works in New York
In New York, partition almost always occurs among co-owners who inherit the property. One or two co-owners usually live in the property rent-free while the other co-owners who do not live in the property do not derive any benefit from owning such property. In this situation, when the co-owners do not agree on how to utilize the property, an action for partition is filed.
New York courts usually grant a partition action. Although a specialized procedure is strictly observed in the case of heirs who inherit property, partition is almost always granted. When the property can be physically divided, such as land, the court may order the property’s division. If the property cannot be physically divided, the court will order the sale of the property and the distribution of the proceeds among the co-owners after payment of expenses.
Payment of Attorney Fees
A big cost in partition actions is the payment of attorney fees and court costs. Court costs may be taken from the sale proceeds of the property, but the attorney fees are borne by each party. These are taken from the distribution of the sales proceeds to the co-owners after expenses are paid. For this reason, the longer a partition action continues, the higher the attorney fees, and the lower the distribution of the co-owners.
When a partition action is filed, it is to the best interests of the co-owners to immediately find a way to amicably settle the case. The chances of a court denying a partition action for substantive reasons are small, but a court may likely dismiss without prejudice a partition action for failure to observe the proper procedure, especially when it comes to heirs property.
Prolonging a partition action can only mean lower distributions to the co-owners due to the higher attorney fees they will incur. Partition actions can be complex depending on the unique circumstances of each case. Should you need assistance in filing or defending a partition action, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
