Legal Question in Real Estate Law in New York

please respond!!! partition of property

I am 50% owner of a summer home with my sister in law who is suing me over my duties as executrix. If she were to own more of this property could I still have the power to partition for the sale of the home?


Asked on 6/23/06, 12:13 pm

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

Re: please respond!!! partition of property

yes

Read more
Answered on 6/23/06, 2:30 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: please respond!!! partition of property

A person who has an interest in property has a right to file for a Partition of the property, notwithstanding their respective percentage or ownership share of the property.

Although,, If parties who co-own a property, are husband and wife, they can be precluded from filing a Partition action, and instead be required to file their claim/s in the Matrimonial Part of the Court.

But, you as an heir or executrix of your brother's share or estate, cannot be precluded from filing for Partition, based upon your brother's marriage to your sister in law.

Good luck,

Read more
Answered on 6/23/06, 5:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York