Partition Action

Partition Action

A partition action is a legal proceeding initiated by co-owners of a property to divide their shared ownership interests. This process is commonly used when co-owners cannot agree on the use or sale of the property, and one or more of them seek to obtain their share of the property.

The partition action can take two primary forms: partition in kind and partition by sale.

Partition in kind involves physically dividing the property into distinct portions, allowing each co-owner to receive a specific share that they can manage independently. This method is typically preferred when the property can be feasibly split without significantly diminishing its value. For example, if two siblings inherit a parcel of land, they might agree to split it into two separate plots.

Partition by sale, on the other hand, occurs when the property cannot be divided fairly or when it is in the best interest of all parties to sell the property and divide the proceeds. This often happens with properties that have significant value or those that cannot be easily split, such as a single-family home. For instance, if three siblings inherit a family home but disagree on what to do with it, one or more may file a partition action to sell the home, allowing all siblings to receive their fair share of the sale proceeds.

Ultimately, a partition action serves as a legal means for co-owners to resolve disputes and ensure their interests in the property are recognized and fairly addressed.