Sometimes we’ll get calls from clients who own real-estate together with other family members and they can’t agree on how to manage the real-estate. They may also not get along, and they want to know if they can go to court. The truth is, in New York State, you have the right to a partition or a separation of your interest in the real property from the other family members involved. That is an action that can be brought in court, and it’s a way of essentially getting paid for your interest in real-estate.
You may be able to force a sale of the real-estate at public auction, or you may be able to simply be bought out by the other family members. In any case, this is real-estate litigation, it’s somewhat complex, and very often will occur in the commercial division of the New York State Supreme Court. If you get involved in such a case, it’s important to get a lawyer who’s experienced in commercial litigation, and in particular real-estate litigation.