New York Real Property Actions & Proceedings Law Article 9 - ACTION FOR PARTITION

• 901 - By Whom Maintainable.
  1. A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance,...
• 903 - Necessary Defendants.
  Each of the following persons shall be made a party to the action: 1. Every person having an undivided share, in possession or otherwise, in...
• 904 - Permissible Defendants.
  The plaintiff, at his election, may make defendant in the action: 1. A tenant by the curtesy or for life or for years, of the...
• 905 - Complaint.
  The complaint shall describe the property with reasonable certainty, specify the rights, shares and interests therein of each of the parties, as far as the...
• 907 - Trial of Title or Interest.
  1. The title or interest of any party in the property may be put in issue. When any defendant, not a tenant in common or...
• 911 - Ascertainment of Rights of Parties Before Interlocutory Judgment on Default or Admission or Where Party is an Infant, Absentee or Unknown Defendant.
  If a defendant has made default in appearing or pleading, or the rights of the parties are not controverted, or a party be an infant,...
• 913 - Inquiry As to Creditors.
  1. Before an interlocutory judgment for the sale of real property is rendered the court shall ascertain, by reference or otherwise, whether there is any...
• 915 - Interlocutory Judgment.
  The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where...
• 916 - Interlocutory Judgment Directing Partial Partition.
  Where the right, share and interest of a party has been ascertained, and the rights, shares or interests of the other parties as between themselves...
• 917 - Interlocutory Judgment Directing Partition in Common.
  Where two or more parties desire to enjoy their shares in common with each other, the interlocutory judgment may direct partition to be so made...
• 918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.
  1. An interlocutory judgment directing the sale of the property may direct that the premises sold shall be free from the lien of every debt...
• 919 - Interlocutory Judgment Directing Credit on Sale.
  The court, in the interlocutory judgment for a sale, shall direct the terms of credit which may be allowed for any portion of the purchase-money.
• 921 - Actual Partition.
  1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that...
• 922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.
  1. All the commissioners shall meet together in the performance of any of their duties, but the acts of a majority so met are valid....
• 923 - Security for Credit on Sale.
  The portion of the purchase-money for which credit is allowed in the interlocutory judgment shall be secured at interest by a mortgage upon the property...
• 925 - Report of Sale; Confirmation.
  1. Immediately after completing the sale, the officer making it shall file with the clerk his report thereof under oath, containing a description of each...
• 927 - Contents of Judgment After Actual Partition.
  Upon the confirmation by the court of the report of the commissioners making partition, final judgment shall be entered directing that each of the parties...
• 928 - Effect of Judgment After Actual Partition.
  A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests...
• 929 - Lien of Creditor Upon Share Partitioned.
  After actual partition the lien of a creditor having a lien on an undivided share or interest in the property, who is or is not...
• 931 - Contents of Judgment After Sale.
  A final judgment confirming a sale shall direct the officer making it to execute the proper conveyances and take the proper securities pursuant to the...
• 933 - Effect of Judgment After Sale.
  A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive;...
• 941 - Judgment As to Parties Having Interest in Entire Property.
  If a tenant by the curtesy or for life or for years of the entire property, or a person entitled to a contingent or vested...
• 943 - Judgment Directing Compensation to Equalize Partition.
  Where it appears that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights or interests of...
• 945 - Judgment Adjusting Rents and Profits.
  The court may adjust the rights of a party as against any other party by reason of the receipt by the latter of more than...
• 947 - Judgment Affecting State Tax Claim.
  A judgment affecting adversely the title, interest or claim of the state based upon a tax deed, shall provide in effect as follows: 1. That...
• 951 - Recording of Judgment.
  A copy, which is certified as correct, of the final judgment may be recorded in the office for recording deeds in each county in which...
• 961 - Disposition of Proceeds of Sale.
  The proceeds of a sale, after deducting the costs and expenses chargeable against them shall be immediately awarded as directed by the final judgment, to...
• 962 - Payment of Proceeds Into Court Where There are Liens.
  If there is any existing lien upon the share or interest of a party in the property, the interlocutory judgment directing the sale shall direct...
• 963 - Payment of Proceeds Out of Court Where There are Liens.
  1. Where the proceeds of a sale are paid into court, in a case specified in section 962, the party may apply to the court...
• 964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.
  Where the property has been sold free from the lien of debts, a final judgment, entered before eighteen months have elapsed from the granting of...
• 965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.
  Money paid into court under section 964 may be paid out of court to such parties as are entitled thereto by order of the court...
• 966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.
  Where the property has been sold free from the lien of debts and the court is furnished with the certificates described in subdivision 2 of...
• 967 - Payment of Proceeds to Owner of Particular or Future Estate.
  A party who has a right of dower, or is a tenant for life or for years, in or of an undivided share of the...
• 968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.
  Whenever the whole or a part of the proceeds of a sale represents the interest of a particular estate, and also represents one or more...
• 969 - Shares of Infant, Incompetent or Conservatee.
  Where a party entitled to receive a portion of the proceeds of sale is an infant, incompetent or conservatee, such portion may be disposed of...
• 970 - Shares of Unknown or Absent Owner.
  Where a person has been made a defendant as an unknown person, or where the name of a defendant is unknown, or where the summons...
• 971 - Security for Refund.
  The court, in its discretion, may require any person, before he receives his portion of the proceeds of the sale to give such security as...
• 973 - Report of Disposition of Proceeds.
  Within sixty days after the entry of final judgment, unless such time be extended by an order of the court entered in the office of...
• 981 - Costs and Expenses.
  1. The final judgment for the partition of the property must also award that each defendant pay to the plaintiff his proportion of the plaintiff's...
• 991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.
  1. Where a portion of the proceeds of the sale is paid into court for unknown heirs and is unclaimed by any person entitled thereto...
• 992 - Judgment in Proceeding for Share of Unknown Heirs.
  Unknown heirs or their representatives not appearing shall be barred from any interest and the court shall render a judgment that the interest of such...

Last modified: February 3, 2019