Partition law varies based on jurisdiction. Partitions have different thresholds of evidence in different states, in addition to the fact that tenancies and their characteristics vary greatly throughout the country. If you need to seek a partition, you should consult an attorney in your state to determine your property rights.
What Is Partition Law?
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale. Under the common law, any owner of property who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition their land by entering a deed poll.
There are two different types of partition: partition in kind and partition by sale.
A partition in kind is a form of partition in which a property is divided among co-owners. The individual interests of owners in a property are severed in a way that each owner can enjoy his/her share of the property free of others and can dispose of his/her share without any obstruction from others. A partition in kind is also called an actual partition. Usually, a partition in kind can be conducted easily only when it is possible to divide a property into plots of nearly equal value. In a partition of kind, there is normally no apparent injury to the parties due to partition.
A partition by sale, also called a partition by licitation, is conducted only when a property cannot be physically divided into separate parts. It can also be conducted when it is not profitable to divide a property because the total value of the divided pieces of the property would become very low compared to the value of property as a whole. In this type of partition, a sale of joint property will be conducted and the proceeds from the sale will be divided among the co-owners.
How We Can Help
As a local Nassau County Real Estate Attorney, we regularly handle matters related to ownership of real estate and partition law in Long Island. Our firm’s focus on real estate transactions and litigation includes handling partitions in kind and partitions by sale; purchase and sale of real estate; handling mortgage foreclosure actions involving properties throughout Nassau, Suffolk, New York City and adjoining areas; loan modifications and principal reductions; landlord/tenant disputes involving commercial and residential real estate; complex construction litigation on behalf of contractors and developers; lawsuits between purchasers and sellers of real estate; actions among partners or members of partnerships, joint ventures or limited liability companies; and brokerage disputes. We are equally comfortable representing the seller or buyer, the landlord or the tenant.
We at Thomas Weiss and Associates, P.C. are known for being attentive, responsive, and considerate of clients’ needs throughout our dealings with a property owner, landlord, buyer, or seller in real estate matters. Our office is conveniently located, and our values are based around client service.
For a free initial consultation with an experienced real estate litigation attorney regarding a potential or ongoing commercial property dispute or real estate lawsuit, contact us today.