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Thomas A. Sirianni, Esq.
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How do I force the sale of property I co-own with someone who won't cooperate?

A partition action under New York RPAPL Article 9 lets any co-owner of real property compel either a physical division of the land or, more commonly, a court-ordered sale with the proceeds divided among the owners. You don't need the other owner's consent — once you prove ownership, the court must grant partition, with credits and offsets calculated based on each party's contributions to the property.

Cases I Handle in Partition Actions

Partition by sale of jointly owned real estate
Partition in kind (physical division of property)
Buyout negotiations between co-owners
Inherited property disputes between siblings
Unmarried couples splitting jointly titled property
Accounting for rents, taxes, mortgage payments, and improvements
Referee sales and confirmation proceedings
Defending against improper partition claims

Are You Dealing With Any of These Situations?

Siblings inherit a house and one wants to sell while others refuse
Unmarried couple breaks up and can't agree what to do with the home
Co-owner refuses to pay their share of taxes, mortgage, or repairs
One co-owner is living in the property rent-free and won't leave
Business partners can't agree on selling jointly held commercial property
Heir wants to cash out their share of an estate property

Relevant New York Laws

RPAPL Article 9 — New York's statutory framework governing partition of real property, including sale, partition in kind, accounting between co-owners, and distribution of proceeds.

RPAPL § 901 — Establishes the absolute right of any tenant in common or joint tenant to maintain a partition action. The court has no discretion to deny partition once ownership is proven.

RPAPL § 915 — Authorizes the court to order a sale of the property when physical partition would result in great prejudice to the owners. In nearly all residential cases, sale is the only practical remedy.

RPAPL § 945 — Governs the appointment of a referee, the conduct of the sale, and the accounting and distribution of proceeds among the co-owners with appropriate credits for contributions.

Frequently Asked Questions About Partition Actions

No. Under RPAPL § 901, any co-owner has an absolute right to bring a partition action. Once you prove ownership, the court must grant partition — your sibling cannot block the sale, only negotiate a buyout or argue over the accounting of contributions.

Most contested partition cases on Long Island resolve in 12 to 24 months from filing to closing. Uncontested matters where the co-owners agree to a buyout or private sale can close in 4 to 8 months.

Yes. The partition court conducts an accounting and credits each co-owner for payments toward the mortgage, taxes, insurance, and necessary repairs, and charges co-owners for rent if one had exclusive use. Improvements may also be credited if they enhanced value.

Yes, and that's how most partition cases actually resolve. The court can stay the sale to allow a co-owner to purchase the other's share at fair market value, typically established by appraisal or by a credit bid at the referee's sale.

In partition actions, attorneys' fees are typically paid from the sale proceeds before distribution — meaning all co-owners effectively share the cost in proportion to their interests, regardless of who initiated the action.

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