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Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.
Unless you and your spouse agree to deal with the home in another way, they can apply to Court for an order for sale. Such an order would not ordinarily be made until a final hearing.
In case of mutual consent. Irrespective of whether the property is being divided amongst family members, business associates, friends, or others, a partition deed must be signed between the co-owners (co-owners can be more than two). The property is divided based on an investment, a will, or a mutual agreement.
The letter proposes three ways to end the co-ownership relationship: a buyout, a voluntary sale, or a forced sale. The letter explains that you have the right to force a sale via partition action, citing to the relevant law.
Historically, the term "partition" comes from the basic word to break into "parts" as in physically dividing real estate in half. For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them.