action for partition

But the writer can begin an action for partition, to sever the joint tenancy.

Ms. Olson, who has toyed with the idea of filing an action for partition against her former life partner, agreed.

"I think you would still need board approval if a co-op is being sold as a result of an action for partition," Mr. Siegler said.

The unmarried couple must instead file what is known as an action for partition - a legal proceeding whereby a court orders the property sold and the proceeds distributed.

However, any owner's interest can be sold at any time and any owner can obtain a court order for the sale of the entire property by filing an action for partition.

Moreover, he said, whoever buys that interest could then bring an action for partition that could result in the sale of the entire property and the dispossession of the non-debtor spouse.

Richard Siegler, a Manhattan co-op lawyer, said that under a 1988 New York appellate court ruling, owners of a co-op, like owners of real estate, can bring an action for partition of the property.

While an action for partition can sometimes result in a court order physically dividing the property (typically, when only land is involved), most such actions result in a court order to sell the property and divide the proceeds between the parties.

Generally speaking, Mr. Schlesinger said, the only way for a joint owner to dissolve a joint tenancy without the cooperation and consent of all other owners is through what is known as an action for partition, whereby the court is asked to separate the ownership interests of the respective parties.