2006 New York Code - 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, mentally retarded
  person, mentally ill person, alcohol abuser or  conservatee  holds  real
  property,  in  joint  tenancy  or in common, the general guardian of the
  infant, or the committee of the mentally retarded person,  mentally  ill
  person,  or alcohol abuser, 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 of the mentally retarded person, mentally ill person,
  alcohol abuser  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,  or  of  the
  mentally  retarded  person,  mentally  ill  person,  alcohol  abuser  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, mentally retarded
  person, mentally ill  person,  alcohol  abuser  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, or the mentally  retarded  person,  mentally
  ill person, or alcohol abuser was of sound mind, and competent to manage
  his affairs, or the conservatee was competent to manage his affairs.