A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
What is a Petition for Partition of Property? A Petition for Partition of Property is a legal document filed with the court to request the division or sale of jointly owned property among co-owners or tenants in common. This petition is often filed when multiple individuals own a property jointly, but wish to terminate their shared ownership and obtain separate title or divide the property based on their respective interests. Keywords: Petition for Partition, Property, Co-owners, Tenants in Common, Division, Sale, Jointly Owned, Shared Ownership, Separate Title, Interests. Types of Petition for Partition of Property: 1. Partition by Division: — This type of petition seeks to divide the property physically among the co-owners based on their share or interest. Each co-owner will receive a separate portion of the property, either as designated by the court or through mutual agreement. This division can be done by physically splitting the property or allocating certain sections to each co-owner. 2. Partition by Sale: — In cases where physical division of the property is neither feasible nor practical, a petition for partition by sale may be filed. This type of petition aims to sell the property and distribute the proceeds among the co-owners based on their respective interests. The court will typically oversee the sales process and ensure fair distribution of funds. 3. Partition in Kind: — A partition in kind petition involves dividing the property by providing each co-owner with exclusive ownership of a specific portion or section. This type of partition is commonly used when there are distinct portions of the property that can be allocated to each co-owner, such as separate units in a multi-unit building or different plots of land within a larger property. 4. Forced Partition: — In certain cases, when mutual agreement or cooperation between co-owners is not possible, a forced partition petition may be filed. This type of petition is usually sought when one or more co-owners are unwilling to divide or sell the property. The court will intervene and order the partition, ensuring a fair and just distribution among all parties involved. 5. Partition by Appraisal: — In cases where the value of the property cannot be easily determined, often due to disagreements among co-owners, a partition by appraisal petition may be filed. This type of petition requests the court to appoint an appraiser who will evaluate the property's worth. Based on the appraiser's findings, the court will determine how the property should be distributed or sold. Keywords: Partition by Division, Partition by Sale, Partition in Kind, Forced Partition, Partition by Appraisal, Co-owners, Shares, Proceeds, Ownership, Property Value, Appraiser, Appraisal, Court Intervention.
