It's one of the most painful situations in estate real estate. Fortunately, New York law gives co-owners a way forward even without unanimous agreement.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
Start With a Buyout or Mediation
Often the cleanest fix: one side buys the other out at a documented fair market value. Mediation can bridge emotional gaps before anyone goes to court.
The Partition Action
If agreement is impossible, any co-owner can file a partition action. Because dividing a house physically is rarely practical, the court usually orders a sale and splits the proceeds by ownership share.
Why a Negotiated Sale Wins
Partition is slow, public, and expensive — legal fees come out of everyone's share. A broker-guided sale with transparent numbers almost always nets each heir more. See selling with multiple heirs.
A partition action can take a year or more and reduce everyone's proceeds through legal costs. Use it only after buyout and mediation have failed.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
Can I force the sale of an inherited house in NY?
Yes — a partition action lets a court order a sale when co-owners can't agree.
Is a partition action expensive?
It can be — fees typically come from the sale proceeds, reducing each heir's share.
Can the executor just sell it?
If the property is still in the estate, an executor can sell at fair value. Once distributed to heirs, co-owner rules apply.