Can I compel a partition if I co-own property with someone else?

What the Law Says

New York law gives co-owners of real property a strong statutory right to seek partition — meaning the court can divide the property physically or order its sale and distribute proceeds.

Partition is governed by Article 9 of the Real Property Actions and Proceedings Law (RPAPL). Under RPAPL § 901, 'one or more joint tenants or tenants in common of real property may maintain an action for a partition thereof.' This right exists even if the co-owners disagree or if the property is not easily divisible.

The court must grant partition unless it finds 'good cause' to deny it — a high bar rarely met. If physical division is impracticable or unfair, the court will typically order a judicial sale.

RPAPL § 903 requires the court to appoint referees to appraise and oversee the sale or division, and RPAPL § 915 governs distribution of proceeds after sale, deducting costs and liens.

Statutory Text

One or more joint tenants or tenants in common of real property may maintain an action for a partition thereof.

— RPAPL § 901 — Action for partition

Statutory Text

If the property cannot be divided without great prejudice to the owners, the court must direct a sale thereof.

— RPAPL § 904 — When sale directed

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