Legal Question in Real Estate Law in New York

co-owning property - when one owner refuses to sell

I am writing on behalf of my mother, who owns property with her 2 brothers

and sister. they co-own 3 properties with a combined value of over 2 million

dollars. the brothers refuse to sell, as they live in-or have businesses in the

buildings. they do not disclose any of the information re: rent income, etc. to

my mother and only until recently have they given her any mothly payment

(these buidlings have apartments that are rented, are making an income.)

what are my mother's rights?

is there any way a co-owner can force the others to sell?

what can she do if she wants out?

thanks


Asked on 10/17/04, 1:45 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: co-owning property - when one owner refuses to sell

The appropriate proceeding is an action in partition where the court will compel a sale.

Good luck.

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Answered on 10/17/04, 8:46 am
Eugenia Montemarano Law Offices of Eugenia Montemarano

Re: co-owning property - when one owner refuses to sell

Your mom can proceed with a partition action. This is a court proceeding whereby the courts can divide the property so that your mom can sell her portion. If you need further information or assistance please contact me.

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Answered on 10/19/04, 7:27 pm
Arnold Nager Arnold H. Nager, Esquire

Re: co-owning property - when one owner refuses to sell

Yes, It is an action for partition of the properties. Your mother will require legal assistance to prepare the pleadings.

Sometimes the threat of such an action may make the co-owners more responsive.

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Answered on 10/17/04, 1:06 pm


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