Overview
PartitionAction.com, led by attorney Arkady Bukh, represents co-owners involved in high-conflict real estate disputes across New York. The practice focuses on judicial partition lawsuits, co-owner buyout agreements, and court-ordered property liquidations when shared owners fail to reach an amicable resolution. Operating primarily within the New York Supreme Court, the firm handles matters involving inherited property, severed business partnerships, and uncooperative joint tenants.
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Core Legal Focus & Services
* **Forced Property Sale Actions:** Filing petitions under Article 9 of the New York Real Property Actions and Proceedings Law (RPAPL) to compel judicial sales of jointly held real estate.
* **Interlocutory Judgments:** Securing early court rulings that establish ownership percentages, appointment of referees, and mandatory sale orders.
* **Co-Owner Buyout Negotiations:** Structuring buyouts and settlements to avoid protracted court battles while securing fair market value.
* **Partition Accounting & Offsets:** Resolving disputes over carrying costs, including mortgage contributions, property tax payments, maintenance, and rental income distribution.
* **Heirs Property Disputes:** Managing legal proceedings under New York’s Uniform Partition of Heirs Property Act (UPHPA).
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### New York Partition Law Overview
Under New York law, a tenant-in-common or joint tenant possesses an absolute statutory right to partition real property. If the court determines that physically dividing the parcel (partition in kind) is impractical or would cause substantial prejudice to the owners, it orders a partition by sale. The New York Supreme Court typically appoints an independent referee to appraise the property, conduct the sale, and oversee the equitable distribution of net proceeds based on each owner's demonstrated contributions and equity share.
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### Frequently Asked Questions
* **Can an uncooperative co-owner block a property sale in New York?**
No. Under New York RPAPL Article 9, a co-owner cannot indefinitely prevent a sale. If physical division is impractical, the court will issue an order forcing the sale, regardless of whether all parties consent.
* **What role does an Interlocutory Judgment play in a partition lawsuit?**
An interlocutory judgment is a definitive ruling by the New York Supreme Court that confirms the parties' property rights, directs that the property be sold, and appoints a referee to execute the transaction.
* **How are sale proceeds divided between disputing owners?**
Proceeds are divided according to ownership percentages, adjusted by a court-mandated accounting that credits owners for documented expenses such as mortgage payments, property taxes, structural repairs, and collected rental revenue.
