Problems trying to partition.

What is the name of your state? NY My partner of 5 years sold out his 50% share of stock in our real estate corporation 2 years ago. It's 5 houses on one deed. New partner is insane and I want to force a partition sale. My problem is that I just discoverd that my old partner was heavily in (defeciency judgement) debt, and it seems to have followed the property and attached itself to my new partner. Result is a clouded title. Two questions.. 1) Can I at least get the property divided by a partition in kind, if not a forced sale? I was told that a courts won't do any kind of partition action with a clouded title.

[HomeGuru]

[quote]Originally posted by SBguy
[b]What is the name of your state? NY My partner of 5 years sold out his 50% share of stock in our real estate corporation 2 years ago. It's 5 houses on one deed. New partner is insane and I want to force a partition sale. My problem is that I just discoverd that my old partner was heavily in (defeciency judgement) debt, and it seems to have followed the property and attached itself to my new partner. Result is a clouded title. Two questions.. 1) Can I at least get the property divided by a partition in kind, if not a forced sale?

**A: that is what partiton is, a forced sale, if the owenrs cannot agree.
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I was told that a courts won't do any kind of partition action with a clouded title.

**A: not true. The title could be clouded and the property could have a million liens and judgements. That would not stop the courts from forcing the sale of the property.

I was told that the courts favor dividing the property physically, and if they can they tend to prefer doing that over forcing a sale. Since our property has multiple houses on it and appears to be divisable, is partition a more likely outcome than a forced sale? And could you give me a ballpark figure as to what this suit might cost me? I heard they are quite expensive. Thanks.

[HomeGuru]

[quote]Originally posted by SBguy
[b]I was told that the courts favor dividing the property physically, and if they can they tend to prefer doing that over forcing a sale. Since our property has multiple houses on it and appears to be divisable, is partition a more likely outcome than a forced sale? And could you give me a ballpark figure as to what this suit might cost me? I heard they are quite expensive. Thanks.

**A: I suggest hiring an attorney.