N.Y. Real Property Actions & Proceedings Law § 1651: Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property

§ 1651. Proceedings for voluntary partition of infant's, incompetent's

or conservatee's real property. 1. Where an infant, person with a mental

disability, or conservatee holds real property, in joint tenancy or in

common, the general guardian of the infant, or the committee of the

person with a mental disability, or conservator of the conservatee, may

apply to the supreme court or to the county court of the county wherein

the real property is situated, for authority to agree to a partition of

the real property. Where such application affects the interests of an

incompetent person or a conservatee who has been committed to a state

institution, and is an inmate thereof, notice of such application must

be given to the superintendent, acting superintendent or state officer

having special jurisdiction over the institution where the incompetent

person or conservatee is confined. Irrespective of the location of any

real property held by an infant in joint tenancy or in common, his

general guardian may make such application to the surrogate's court

which appointed such guardian. A certified copy of the decree entered in

the surrogate's court on such application must be recorded in the office

of the clerk of each county in which is situated property affected by

such decree.

2. Such an application must be by a petition, which must describe the

real property proposed to be partitioned; must state the rights and

interests of the several owners thereof; must specify the particular

partition proposed to be made; and must be verified by affidavit. The

court may order notice of the application to be given to such persons as

it thinks proper.

3. If, after due inquiry into the merits of the application, by a

reference or otherwise, the court is of the opinion that the interests

of the infant, or person with a mental disability, or conservatee, will

be promoted by the partition proposed, it may make an order authorizing

the petitioner to agree to the partition proposed, and in the name of

the infant, person with a mental disability, or conservatee, to execute

releases of his right and interest in and to that part of the property

which falls to the shares of the other joint-tenants or tenants in

common. The court may, in its discretion, for the furtherance of the

interests of said infant, person with a mental disability, or

conservatee, direct partition to be so made as to set off to him or them

his or their share in common with any of the other owners, provided the

consent in writing thereto of such owners shall be first obtained.

4. Releases so executed have the same validity and effect, as if they

were executed by the person in whose behalf they are executed, and as if

the infant was of full age, person with a mental disability, was of

sound mind, and competent to manage his affairs, or the conservatee was

competent to manage his affairs.