Partition in kind physically divides the property, while partition by sale orders sale and division of proceeds. Courts prefer partition in kind where practicable, though sale is ordered where division would prejudice the owners.
Co-owners have an absolute right to partition absent agreement.
Alternative Names:
Action for Partition, Partition Suit
Why it Matters?
The absolute right to partition means a co-owner cannot be forced to remain in the relationship, which is what gives a minority co-owner leverage regardless of the majority's preference. Accounting for contributions toward taxes, mortgage, and improvements is resolved within the action, and a co-owner who paid disproportionately recovers in the division. Waiver agreements restricting partition are enforced in some jurisdictions.
Frequently Confused with
Related terms
Frequently asked questions
Can a co-owner be forced to remain?
How are unequal contributions handled?
