Legal Question in Real Estate Law in New York

Joint ownership of an apartment in New York

My same sex partner (Registered Domestic Partner) and I jointly own an apartment together in New York that we both currently occupy. The deed is in BOTH of our names. It is time for our relationship to end. If I leave the apartment what are my rights as half owner? Do I have any leagal grounds to force the sale of the apartment, or forceing him to buy ''my half''? I am afraid to leave the apartment if I then have no legal claim to my half of the financial investment until he decides to sell!?! He could (and probably would) choose to stay there for many years. What are my options? What can I do? My ideal situation would be to leave the apartment, but to then have him buy my half, or to then immediately sell the apartment and remit my half to me. I anxiously await a response. Thank you.


Asked on 3/09/01, 9:50 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Joint ownership of an apartment in New York

Although you may not be partners in life, you and your future ex are partners in the purchase of the apartment.

Even if you leave the apartment, your name is on the deed, giving you joint ownership privileges.

You can force the sale through a partition action. This can be done whether or not you leave the apartment.

From the tone of your letter I believe you want to resolve this issue amicably. There are many ways to do this. I would suggest mediation, either through an attorney or from a service like the American Arbitration Association.

Mike.

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Answered on 5/18/01, 8:37 am


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