Partition Thedivision of cotenants?interestsin real property when the parties do not all voluntarily agree to terminate the co-ownership; takes place through court procedures.
People also ask
What is a partition in kind in real estate?
First, a partition in kind, also known as an actual partition, severs the individual interest of each joint owner. Each owner ends up controlling an individual, divided portion of the property.
When does a court order a property to be partitioned?
Since Steve and Roger disagree about the proper disposition of the property, court partition of the property may be necessary. Court partition of real estate occurs when a court orders that a parcel of real estate owned by more than one person be divided between co-owners. After the partition, they will cease to be co-owners.
What is a partition action in property law?
This is how a partition action comes into play. This legal action may divide the property into shares for each individual to that both may move forward with whatever plans. To ensure peace is maintained between the parties that have brought the dispute, a partition action is often how the courts would like to resolve these matters.
Can a co-owner of a property be partitioned?
People holding property as tenants in common, or as joint tenants, can seek partition. You should note that a co-owner of real estate almost always has a right to go to court and compel partition of property unless a husband and wife hold the property under a tenancy by the entirety. A court has two options available in a partition proceeding.