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.
A District of Columbia Complaint for Partition of Real Property is a legal document filed in the District of Columbia court system to initiate a legal action aimed at dividing the ownership or selling a property owned by multiple parties. This type of complaint is filed when co-owners of a property are unable to reach an agreement on how to divide or sell the property and seek court intervention to resolve the matter. Keywords: District of Columbia, complaint, partition, real property, legal action, co-owners, divide, sell, court intervention. Types of District of Columbia Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on dividing the property physically and seek to sell it instead. The proceeds from the sale are then divided among the co-owners based on their respective shares. 2. Complaint for Partition in Kind: This type of complaint is filed when the co-owners want to divide the property physically by creating separate portions for each owner. The court may order a surveyor or appraiser to determine the fair division of the property. 3. Complaint for Accounting: This type of complaint is filed when one co-owner suspects another co-owner of mismanaging the property or not properly accounting for expenses, rents, or profits related to the property. The complaint seeks an inquiry into the financial transactions related to the property. 4. Complaint for Appointment of Receiver: This type of complaint is filed when the co-owners believe that a mutually agreed-upon management of the property is impossible or problematic. The complaint seeks the appointment of a neutral receiver who will take control of the property and manage it on behalf of the co-owners. 5. Complaint for Enactment: This type of complaint is filed when one co-owner seeks to remove another co-owner from the property forcefully. It may be applicable in cases where one co-owner is unlawfully occupying the property or refusing to leave after being served notice to vacate. Overall, District of Columbia Complaint for Partition of Real Property provides a legal remedy for co-owners who are unable to agree on the division or sale of a property. It ensures a fair resolution and aims to protect the rights and interests of all parties involved.
