Article 9 of New York's Real Property Actions and Proceedings Law (RPAPL) governs partition actions. In plain terms, a partition action is the procedure co-owners use when they cannot agree on what to do with real property (e.g., divide it, sell it, or otherwise resolve their respective interests).[1]
Below is a roadmap to all sections in Article 9 (Action for Partition). I plan to add a link for each section as I publish individual posts.
Article 9 Sections (RPAPL)
- § 901 By whom maintainable
- § 903 Necessary defendants
- § 904 Permissible defendants
- § 905 Complaint
- § 907 Trial of title or interest
- § 911 Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown defendant
- § 913 Inquiry as to creditors
- § 915 Interlocutory judgment
- § 916 Interlocutory judgment directing partial partition
- § 917 Interlocutory judgment directing partition in common
- § 918 Interlocutory judgment directing sale or exception of lien or dower interest
- § 919 Interlocutory judgment directing credit on sale
- § 921 Actual partition
- § 922 Meeting of commissioners; report of actual partition; confirming or setting aside report
- § 923 Security for credit on sale
- § 925 Report of sale; confirmation
- § 927 Contents of judgment after actual partition
- § 928 Effect of judgment after actual partition
- § 929 Lien of creditor upon share partitioned
- § 931 Contents of judgment after sale
- § 933 Effect of judgment after sale
- § 941 Judgment as to parties having interest in entire property
- § 943 Judgment directing compensation to equalize partition
- § 945 Judgment adjusting rents and profits
- § 947 Judgment affecting state tax claim
- § 951 Recording of judgment
- § 961 Disposition of proceeds of sale
- § 962 Payment of proceeds into court where there are liens
- § 963 Payment of proceeds out of court where there are liens
- § 964 Payment of proceeds into court in cases involving decedent's property
- § 965 Payment of proceeds out of court in cases involving decedent's property
- § 966 Payment of proceeds directly to parties in cases involving decedent's property
- § 967 Payment of proceeds to owner of particular or future estate
- § 968 Manner of payment of proceeds to owner of particular or future estate
- § 969 Shares of infant, incompetent or conservatee
- § 970 Shares of unknown or absent owner
- § 971 Security for refund
- § 973 Report of disposition of proceeds
- § 981 Costs and expenses
- § 991 Proceeding for share of unknown heirs; presumption of death; service
- § 992 Judgment in proceeding for share of unknown heirs
- § 993 Uniform Partition of Heirs Property Act
Note on RPAPL 993 (How it fits into Article 9)
RPAPL § 993 is part of Article 9. It does not replace partition law generally; instead, it creates a special set of procedures and protections that apply when the property qualifies as "heirs property." In other words: a case can be a normal Article 9 partition action, but if the court determines the property is "heirs property," § 993 supplies additional (and often outcome-shaping) rules for how the partition proceeds.
See For the purpose of a partition action, see 🔑 this post analyzing a 1927 NY Supreme Court decision. ↩︎
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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