Asking,the,Court,Grant,Partiti law Asking the Court to Grant Partition and Sale of Jointly-Owne


When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a


In a recent case, in which Richard A. Klass, Your Court Street Lawyer, represented one of three owners of real property asked the trial judge to grant ‘summary judgment’ against the other owners, granting his motion to partition and sell the real property at auction. In support of the motion, it was requested that the court grant partition and sale, in accordance with Real Property Actions and Proceedings Law [RPAPL] Article 9.It was also requested that the court order the distribution of the net proceeds from the auction sale of the real property to the parties in one-third interests, along with crediting the plaintiff for the moneys paid at closing when the property was first purchased.RPAPL Section 901 provides that one who holds an interest in real property as a tenant in common may bring an action against the other tenants-in-common for the partition or sale of the property. The action was brought by Plaintiff as a tenant-in-common against the other two owners. The Plaintiff had to prove the following:A:Plaintiff is ‘seised’ with an interest in the Property:In the action, there was no issue of fact that Plaintiff had a right to possession of the property as a co-tenant, which is all that is needed to maintain an action for partition and sale. See, Dalmacy v. Joseph, 297 AD2d 329 (2d Dept. 2002). He was one of the three owners of the property, as indicated on the face of the Deed.Pursuant to RPAPL 915, it was requested that the court issue an Order determining the parties’ rights, shares, and interest in and to the property.B:Physical partition would be prejudicial:Then, the plaintiff had to show that the property could not be physically partitioned in order to sell the entire property as one. In that case, a physical partition of the house would not have been practical and without prejudice to the owners, given that it was a three story brownstone. See, e.g. Cheslow v. Huttner, 13 Misc.3d 1224(A) (Sup. Ct., NY Co. 2006) (physical partition of a townhouse would be greatly prejudicial to the owners); Donlon v. Diamico, 33 AD3d 841 (2d Dept. 2006) (plaintiff established her entitlement to summary judgment directing the sale of the property because partition alone could not be made without great prejudice to the owners).Based upon RPAPL 915, where it would be prejudicial to the owners to physically partition the property, the court should direct the property to be sold.C:Plaintiff should be credited for the down payment:Since partition, although statutory, is equitable in its nature, the court may compel the parties to do equity between themselves when adjusting the proceeds of the sale. Oliva v. Oliva, 136 AD2d 611. It has been held that a court may consider, among its factors of considering the equities of the partition and sale action, the down payment made by a co-tenant. Perrin v. Harrington, 146 AD 292.by Richard A. Klass, Esq.License InformationAsking the Court to Grant Partition and Sale of Jointly-Owned Property by Richard A. Klass, Esq. is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. For permissions beyond the scope of this license, please contact Mr. Klass (email: [email protected]). Insert the words "reprint permission request" in the subject line of the email.Publishing GuidelinesPermission is granted to publish this article electronically in free-only publications, like a website or ezine (print and non-free publications require permission) as long as the resource box is included without any modifications. All links must be active. A courtesy copy is requested on publication (email: [email protected]).Article Title:Asking the Court to Grant Partition and Sale of Jointly-Owned PropertyArticle URL:http://courtstreetlaw.com/articles/real-estate-litigation/partition_and_sale__jointly-owned_property.htmlAuthor Name:Richard A. Klass, Esq.Contact Email Address:[email protected]'s Firm's Website:www.CourtStreetLaw.comWord Count:503 words"About the Author" must be included in any publications.

Asking,the,Court,Grant,Partiti

law

Everything You Need to Know About Employment Lawyers in Los

By and large, the employment law in the US is state-specific, which means hiring a lawyer specializing in the domain must be well-versed about the rules and regulations relating to employment in the state is vital. On the other hand, the leg ...

law

Can Your Ex-Husband Claim Custody If You Are Remarried?

Family Lawyers of Dubai herein wishes to address this reoccurring issue of custody of the child or children, should the mother re-marries following UAE Shariah Law.The very concern of this article is to understand the circumstances where th ...

law

A Will Lawyer Can Make Sure Your Will Is Legally Binding

A last will and testament is a legally enforceable document by which the creator of the will, also known as the testator, expresses their wishes as to how their property is to be distributed after death.They also assign a person to manage th ...

law

Estate Planning Tools a Living Trust In Michigan

There are various options for estate planning. One of them is the living trust.A living trust or "revocable" trust is a legal document through which your assets are placed into a trust during your lifetime. Upon your death, your assets in th ...

law

How Much Do You Know About Living Trust Michigan?

A living trust in Michigan is a very popular estate planning tool which allows you to easily pass your assets to your heirs privately by avoiding probate court. This differs from a will because a last will and testament requires probate cour ...

law

Are you aware of New Electronic Arrests In UAE?

The concerned Law is in line with the new Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law number 35 of 1992) allowing for confinement of accused in a specific area that is either his place of residence or other s ...

law

Dont Miss Out New Electronic Insurance Policies In UAE!

Bearing in mind, the electronic insurances, Insurance Authority along with UAE Government, issued a draft for Electronic Insurance regulations (the Draft Law) in early in this year. The intention behind the issuance of this Law was to govern ...

law

'Long live Nirbhaya', 'Bharat Mata ki Jai'! Slogans chanted

At 3:30 AM when the convicts were woken up, they finally came to grips with the reality of their awaiting death.As the clock struck 5.30 AM on Friday, the crowd assembled outside the Tihar Jail burst into celebration and even distributed swe ...

law

Nirbhaya's Mother On March 20 Death Warrant For Rapists

Nirbhaya assault and murder case A 23-year-old paramedic understudy Nirbhaya was assaulted inside a showing transport to six people on December 16, 2012, in Delhi. The unfortunate casualty was seriously attacked and tossed out and about alo ...

law

What To Look

Have you ever been injured due to someone else's carelessness? Have you lost a loved one due to somebody's reckless driving? The pain in such situations can be excruciating enough to break you. But this is just the time you need to be strong ...

law

The Constitution of the United States

The constitution delegates enumerated powers to the national government. For instance, Article one of the United States Constitution spells out 27 powers to Congress. Section 8 of this article provides Congress with among others, the power t ...

law

Chapter 7 Bankruptcy Lawyer: All You Need About Its Process

In legal terms, chapter 7-bankruptcy is extensively acknowledged as a liquidation method bankruptcy process. According to the rule, in chapter 7-bankruptcy, the court authorized trustee has the right to liquidate or sell a considerable porti ...

law

What You Should Know About Freelancing In Dubai?

It also reduces the cost for big companies to hire freelancer rather than employing the specialist. Nevertheless, Top Lawyers of Dubai have witnessed the hesitance in opting for freelancing in Dubai regardless of numerous attractions. Accor ...