Filing a partition complaint: The party seeking partition files a complaint in the Supreme Court of the county where the property is located. When people own property as tenants in common, they own it with other cotenants and any one of them can force a partition (division) and sale of the property.If your inheritance includes NY real estate that you co-own with someone else, you may need a partition action to force the sale of the property. A partition action enables you to force the sale of property when coowners are refusing to sell. This article provides a basic overview of the Uniform Partition of Heirs Property Act as enacted in New York State. Learn about what marital property is and how it is distributed during a divorce, and discover how property rights are decided in the New York court system. A partition action takes the dispute to the courts. This article dissects the remedy of partition with reference to New York's scheme. New York court rules require the parties to exchange statements of net worth, and liberal discovery procedures on financial matters are available (See.
