IF THE FACTS FIT THE STATUTORY CRITERIA OF THE “HEIRS ACT” (RPAPL 993(2)), THE ACT MUST BE APPLIED TO A PARTITION ACTION RE: PROPERTY HELD BY TENANTS-IN-COMMON (FIRST DEPT).

The First Department, remitting the matter, determined Supreme Court should have applied the Heirs Act to this partition action re: property held as tenants-in-common. The First Department noted that if the facts fit the requirements of RPAPL 993(2) (the Heirs Act), the Act must be applied:

The Heirs Act does not apply in all cases where real property is owned by tenants-in-common. Rather, “heirs property” is defined as real property that is held in tenancy in common and satisfies all of the following requirements: there is no agreement in a record binding all of the co-tenants which governs the partition of the property (RPAPL 993[2][e][i]); any of the co-tenants acquired title from a relative (RPAPL 993[2][e][i]); the property is used for residential or agricultural purposes (RPAPL 993[2][e][iii]); and any of the following applies: (a) 20% or more of the interests are held by co-tenants who are relatives; (b) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; (c) 20% or more of the co-tenants are relatives of each other; or (d) any co-tenant who acquired title from a relative resides in the property (RPAPL 993[2][e][iv][A]-[D]).

Construing unambiguous language to give effect to its plain meaning, as we must …, we find that the Heirs Act is applicable in this action because all of the conditions noted in RPAPL 993(2)(e) were satisfied. There was no agreement in the record governing the partition of the property; both parties acquired their interest from their mother; the property was used as a residence; and all of the conditions set forth in RPAPL 9939(2)(e)(iv) were present. Thus, the statute unambiguously applies to the parties here and expressly takes precedence over the traditional partition proceedings under RPAPL 901(1) (RPAPL 993[3][c]). Accordingly, the matter should be remitted to Supreme Court to comply with the requirements of the Heirs Act. Williams v Williams, 2026 NY Slip Op 03902, First Dept 6-18-26

Practice Point: Consult this decision for the circumstances under which the “Heirs Act” must be applied to a partition action re: property held by tenants-in-common.​