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Connecticut
Agreement by Co-Tenants Restricting Right of Partition

Connecticut Agreement by Co-Tenants Restricting Right of Partition

Q: How do I waive the right of partition?

? T he right of partition may be waived by contract, either express or implied.?

Category:

Real Estate - Contracts - Partitions

State:

Multi-State

Control #:

US-03295BG

Format:

Instant download

Description

An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Agreement By Co-Tenants Restricting Right Of Partition?

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FAQ

In Massachusetts, the law on partition is set forth in Chapter 241 of the Massachusetts General Laws. This law allows property owners to end their co-ownership of property by bringing a case in either the Land Court or the Probate and Family Court.

Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. If a landowner dies intestate, the real estate passes to the landowner's heirs as tenants-in-common under state law.

Any person with an existing or future interest in the property may bring the action for partition. This includes existing co owners (joint tenants; tenants in common, etc.) as well as people with a future interest (remainder men to life estates.) However, lien holders do NOT have the right to partition.

?[T]he right of partition may be waived by contract, either express or implied.?

A joint property owner is entitled to partition as of right pursuant to Connecticut General Statutes § 52-495, et seq. This is known as a Partition in Kind, which occurs when the property is physically divided, equitably and fairly, between the co-owners. Each co-owner will receive a certain percentage of the property.

In Connecticut, the right of survivorship comes when you own property in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.

Introduction to Partition Lawsuits for Real Property in Connecticut. Partition lawsuits allow co-owners of real property to legally separate their interests when they cannot come to an agreement.