Partition Award of Jointly Held Property

Disputes often arise regarding whether to sell jointly held real property, where one owner desires to sell and the other owner does not. In such circumstances, the legal doctrine of “partition” may be available to obtain a court order compelling a sale of the property. Cuddy & Feder Litigation Department Co-Chair Josh Kimerling and Associate Kempshall McAndrew won summary judgment and recently obtained a favorable referee’s report in a partition proceeding involving four siblings owning property in Queens.  With this motion win, the case will move forward toward the ultimate outcome of a partition sale and distribution of proceeds equally among the siblings.