Queens Partition Action Lawyers Handling Co-Owned Property Disputes
A partition action divides or forces the sale of real property when co-owners cannot agree on what to do with it. Gill & Kadochnikov P.C. represents co-owners, heirs, and estates in partition proceedings filed in Queens County Supreme Court under Article 9 of New York's Real Property Actions and Proceedings Law (RPAPL).
Schedule a consultation with a dependable Queens partition action lawyer by calling (929) 405-1054 or contacting Gill & Kadochnikov P.C. online.
What Is a Partition Action Under New York Law
A partition action is a lawsuit filed under RPAPL Article 9 asking a court to divide co-owned real property or order it sold. Under RPAPL 901, any joint tenant or tenant in common with a possessory interest in the property can bring the action. Physical occupancy is not required; legal title is.
Courts do not weigh whether a partition is fair. The right to partition is treated as close to absolute, limited mainly by written agreements that waive it for a defined period. Once a plaintiff establishes ownership and standing, the case moves to how the property gets divided, not whether it can be.
Partition by Sale
The court orders the property sold and the proceeds divided according to ownership share. This is the default outcome when a property, like a single-family home or a co-op unit, cannot be physically split without reducing its value.
Partition in Kind
The court divides the physical parcel into separate portions for each owner. This remedy fits vacant land or multi-lot parcels more often than it fits a single Queens rowhouse or a condominium unit, where an in-kind split is rarely practical.
Partition by Appraisal
One owner buys out the others at a price set by a court-appointed appraiser rather than putting the property on the open market. This route can preserve a family home or a rental property that a co-owner wants to keep operating.
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I can't say enough good things about Preet Gill and her team!- K. Rose
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Ms. Preet Gill is amazing. She took the time to clearly explain all of our options and was genuinely sympathetic to our situation.- Elasea D.
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I'm grateful for Preet Gill representing us on a family matter. She’s very professional and polite. I appreciate her kindness & time... thank you!- Former Client
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Ms. Gill is an excellent attorney who went above and beyond and out of her way. She did an excellent job keeping us informed every step of the way.- Chris V.
Negotiating Settlements & Handling Disputes
Our lawyers routinely mediate partition cases, seeking to reach mutually agreeable settlements. With us, you can avoid costly and time-consuming litigation. We are not afraid, however, to go to court. Count on our team to do whatever it takes to achieve a fair resolution to your partition action.
Your Trusted Partner for Partition Actions
Since 2014, our firm has earned the confidence of 2,000+ clients needing guidance and advocacy during estate and real estate law matters, including partition actions. If you are interested in discussing your case with our team and learning what we can offer, reach out to request a consultation. We offer these initial meetings virtually for your convenience.
To partner with one of our Queens partition action attorneys, call (929) 405-1054 or submit our online contact form.