Legal Question in Real Estate Law in New York

I have been trying for years to come to any agreement with my family regarding my father's home in Queens, New York. Each of us own 1/3 third of the house. I want my share out of the house. The Deed in in all our names. Also, for years my niece and her family have lived in the house paying no rent or anything to me and has renovated for about $42,000. I am looking for an attorney who specializes in these types of lawsuits who can do this pro bono. In the long run it will be worth it. I do not believe that it will come to the sale of the house, but this is the only way I can create movement. Please advise.


Asked on 6/29/10, 4:22 pm

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

You need to commence a partition action. A partition action is where the Court sells the property and divides the net proceeds from the sale. Usually, the action forces an individual to buy-out the other owner.

If there is equity in the house (value), you will have a hard time finding a pro bono attorney. Generally, a lawyer wants to be paid for his or her time. I do pro bono work, but always for an individual that has no money.

I have experience with partition actions. I would be willing to handle this matter for hourly over contingent. In other words, hourly fee capped and thereafter reverting to a contingent fee. Feel free to telephone if you are interested.

Mike.

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Answered on 6/30/10, 5:27 am


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