Partition

A partition action is a legal proceeding used to resolve disputes between co-owners of real property when they cannot agree on how to divide or dispose of the property. This type of action is most commonly initiated when co-owners no longer wish to maintain joint ownership of the property and cannot reach an agreement on its division or sale.

Here’s an overview of how a partition action works:

1. Initiation of the Action: Any co-owner of the property can initiate a partition action by filing a petition or complaint with the appropriate court. The petition typically outlines the co-ownership arrangement, describes the property in question, and requests the court’s intervention in dividing or selling the property.

2. Types of Partition:

• • Partition in Kind (Physical Division): In some cases, the court may order a physical division of the property, known as partition in kind. This involves dividing the property into separate parcels, with each co-owner receiving ownership of their respective portion. However, physical division may not always be feasible or practical, especially for properties like buildings or land with improvements.
  • Partition by Sale: If a physical division is not viable or desired by the parties, the court may order a sale of the property. The proceeds from the sale are then divided among the co-owners according to their ownership interests. This is known as partition by sale.

3. Determining Ownership Interests: Before ordering a partition, the court may need to determine the ownership interests of each co-owner. This typically involves reviewing relevant documents such as deeds, titles, and any agreements governing the co-ownership arrangement.

4. Appointment of a Partition Referee: In partition actions involving the sale of the property, the court may appoint a partition referee or commissioner to oversee the sale process. The referee is responsible for conducting the sale, marketing the property, and distributing the proceeds among the co-owners.

5. Sale and Distribution of Proceeds: If the court orders a sale of the property, the partition referee will manage the sale process, including setting a sale price, advertising the property, and facilitating the sale. Once the property is sold, the proceeds are distributed among the co-owners based on their ownership interests, after deducting any expenses related to the sale.

6. Resolution of Disputes: Throughout the partition action, the court may address any disputes or objections raised by the co-owners regarding the division or sale of the property. The court’s decisions are guided by principles of fairness and equity, with the goal of achieving a resolution that is just and equitable for all parties involved.

Overall, a partition action provides a legal mechanism for co-owners of real property to resolve disagreements and move forward with their respective interests in the property. Whether through physical division or sale, the partition process aims to provide a fair and orderly resolution to disputes over jointly owned property.