§ 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

Terms Used In New York Laws > Real Property Actions and Proceedings > Article 9 - Action for Partition

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.