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RealEstateAnswer
RealEstateAnswer, Lawyer
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Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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How can two owners get rid of the 3rd owner of a tenants in

Resolved Question:

How can two owners get rid of the 3rd owner of a tenants in common" situation? Is this possible

approximately how long does it take to file and complete a Partition to petition in New York City?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Why do the two owners want to get rid of the 3rd? What do they want to do with the property? Where does the 3rd owner stand in this?
Customer: replied 10 months ago.


My sister and I want to sell the house that my parents left to US - their children. My nephew is living in the house (his mother, my older sister is deceased so he and his sister own the other 1/3).


My nephew agreed to keep the property up and keep the taxes and water bill paid. They (him and his wife signed an agreement. They breached the agreement. And now I am going to send them a notice to vacate. But, I am told that the partition would be the easiest if not the most profitable way to go because they (my niece and nephew do own their mothers 1/3 because of the "tenants in commom" issue. My sister and I want to sell the property because my nephew living in the property - not paying any rent - is actually not fair to my kids or my sisters son who all have managed to find jobs and their own place to live and pay rent to do so. So I don't intend to let my nephew stay in that house for another year.

Expert:  RealEstateAnswer replied 10 months ago.
Thank you for the additional information. Yes, a partition would need to be filed with the court and the matter would need to be decided by the Judge. Based upon the facts which you stated above, there does need to be a legal basis for the court to act and relief to be granted. If your nephew is refusing to cooperate and comply with the agreement that is in place, then you have no choice but to ask that a forced sale be ordered by the court. Here is a link with the rules that you should review, so you have an understanding of the NY code that controls.

http://codes.lp.findlaw.com/nycode/RPA/9

The suit is started with a summons and complaint where you would show you are an owner and that you have made demands upon the other owner to sell the property (or buy you out) and that you are seeking court assistance in forcing a sale. If the court accepts your suit the judge will appoint a referee to determine the party's ownership interests and conduct a sale of the property. A sale date will be set and the property will be auctioned off to the highest bidder. Normally the process does not reach a sale as the parties should hopefully reach an agreement without the necessity of the actual sale. If this is contested by your nephew, it could take months before it is resolved. In the mean time, you can always ask that the Judge order that he pay a portion and maintain the property, as to now be living their rent free, contrary to the previous agreement.

RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15922
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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