2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition › 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.