Legal Question in Real Estate Law in New York

Re: Multi-owner property dispute resulting from a will

As Mr. Kovel points out, this site is general advice and your answer depends on the status of the estate. If the estate has not deeded the Premises, it may have authority to evict the occupant as part of the estate. If the occupant has vested rights (deed), than the others are correct, a partition is required. Those proceedings can be pricey, and if allowed to go to conclusion, will result in an auction (read distress) sale. Very often, parties that start out stubborn soften in the face of litigation expense that is likely to result in a loss sale. I can be reached at 516-780-0270 if you want to discuss the specifics of your situation.

Re: Multi-owner property dispute resulting from a will

You need to bring a partition action in court to compel the sale if he refuses to buy you out. The majority cannot just sell it.

Re: Multi-owner property dispute resulting from a will

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

You did not say where the property is or where your grandparents' estate is being handled, or whether their will still has an impact on the property at this point, so it is not clear what laws or documents apply to this situation. That said, it is not generally possible for one or a group of the co-owners to act without all agreeing to the action. If the occupant refuses to sell or buy, and all other things being equal, then one or more of the others will need to sue him/her and get a court order directing the property be divided and/or sold. This one co-owner usually can do alone. Note that there may also be tax consequences to any action that is taken.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900