Table of Contents:
- New York Generally Allows Co-Owners to Seek Partition
- Heirs Property Receives Additional Protection
- What Qualifies as Heirs Property?
- The Law Does Not Guarantee That a Family Will Keep the Home
- Understanding Your Options Before the Dispute Escalates
Two siblings inherit a house from a parent. One wants to sell. The other has lived there for years and has no intention of leaving. Can the sibling who wants out force a sale?
Sometimes, but not automatically.
New York generally allows a co-owner to ask a court to divide jointly owned property or order its sale. This is known as a partition action. But the outcome depends on how the property is owned, whether it can be divided and how each owner acquired an interest.
Qualifying family property receives additional protection under RPAPL 993, New York’s Uniform Partition of Heirs Property Act. The law gives co-owners a chance to negotiate, buy out the person seeking a sale and avoid a courthouse auction. It also generally prevents an outside buyer who purchased an interest in heirs property from starting a partition action.
New York Generally Allows Co-Owners to Seek Partition
Under Article 9 of the Real Property Actions and Proceedings Law, a joint tenant or tenant in common may bring a partition action. The owner does not need the other co-owners’ permission to file.
That does not mean the court will immediately order a sale. A partition action asks the court to determine each person’s ownership rights and decide whether the property can be divided fairly. If a physical division would seriously harm the owners’ interests, the court may order the property sold instead.
For a single-family home, dividing the property into separate pieces is rarely practical. A sale may therefore be the likely result under the general partition rules. Still, partition is an equitable remedy, meaning the court can consider fairness, prior agreements and the parties’ conduct.
Heirs Property Receives Additional Protection
New York enacted the Uniform Partition of Heirs Property Act in 2019 after investors had used partition actions to target family-owned property. An investor could buy a small interest from one heir and then seek a court-ordered sale of the entire property, sometimes through an auction that produced far less than the property’s market value.
New York strengthened the law in 2024. Under the current statute, a person who purchased or otherwise acquired an interest through means other than inheritance generally cannot initiate a partition action involving heirs property.
An heir or another eligible co-owner may still seek partition. The law does not guarantee that a family will keep its home. Instead, it changes who can bring the action and creates a more deliberate process before a qualifying property can be sold.
What Qualifies as Heirs Property?
A property must meet several conditions to qualify for protection under RPAPL 993. At the time the partition action is filed:
- The property must be held as a tenancy in common, which means that each co-owner holds a separate share of the property that can be sold or passed on to heirs.
- No binding agreement among all co-owners can govern how the property will be divided or sold.
- At least one co-owner must have acquired an interest from a relative, whether that relative is living or deceased.
- The property must be used for residential or agricultural purposes.
At least one of the following must also apply:
- At least 20% of the ownership interests are held by co-owners who are relatives.
- One person holds at least 20% of the interests and acquired that interest from a relative.
- At least 20% of the co-owners are related to one another.
- A co-owner who acquired an interest from a relative lives in the property.
The final condition can be especially important for a family member living in the home. A sibling who acquired a 15% interest from a relative and currently resides in the property may satisfy the residency test even though that sibling owns less than 20%.
The Law Does Not Guarantee That a Family Will Keep the Home
RPAPL 993 offers meaningful protection, but its limits are important:
- It applies only to qualifying property held as a tenancy in common.
- A binding agreement among all co-owners governing partition can place the property outside the statute.
- An heir or other eligible co-owner may still seek partition.
- A sale may still occur if no buyout succeeds and the property cannot be fairly divided.
- Whether the law applies depends on the ownership structure and circumstances that exist when the action is filed.
The law provides time, information and alternatives. It does not give one co-owner an unlimited right to prevent another eligible owner from leaving the arrangement.
In Summary: Can a Co-Owner Force a Sale?
Yes, in some cases. An eligible co-owner can file a partition action, and the court may order a sale if the property cannot be fairly divided. However, a co-owner cannot demand an immediate sale without going through the legal process.
If the home qualifies as heirs property, RPAPL 993 provides additional protections. An outside buyer who purchased a share generally cannot start the partition action, and the remaining co-owners may have opportunities to negotiate a solution or buy the interest of the person seeking a sale. These protections may not prevent every sale, but they can give a family meaningful options for keeping the home.
Understanding Your Options Before the Dispute Escalates
Many families facing ownership disputes in Queens and across the New York metropolitan area may not be aware that their property qualifies as heirs property. Answering that question requires reviewing the deed history, the ownership percentages, how each interest was acquired and who currently lives in the home.
That determination can shape everything that follows, including whether a partition action can be filed, whether a buyout is possible and what rights a resident family member may have.
Anderson Bowman PLLC has represented clients throughout Queens, Long Island and the greater New York metropolitan area in real estate ownership disputes since 2012.
- Our attorneys bring decades of combined real estate law experience to partition and heirs property matters, including cases involving contested valuations, buyout negotiations, and disputes among multiple heirs.
- Every prospective client receives a free initial consultation to review ownership documents and discuss realistic options before litigation begins.
- Our firm’s real estate practice extends beyond partition cases to quiet title actions and real estate litigation, giving our attorneys experience with the ownership disputes that often overlap with inherited property conflicts.
- We keep our clients informed at each stage, from the initial review of the ownership structure through valuation, buyout negotiations and any court proceedings.
To learn whether a family home qualifies as heirs property or discuss a partition dispute already underway, contact us online or call (929) 590-5053 for a free initial consultation.