District of Columbia Agreement by Co-Tenants Restricting Right of Partition

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US-03295BG
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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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FAQ

A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. A partition action ?splits the baby? when the owners cannot agree.

(a) The Superior Court of the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or injury to the parties interested, the ...

The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker. Partition by Kind: The court orders the physical division of property so that each co-owner receives an undivided interest in their portion of the property.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property.

A partition action is a lawsuit that forces the sell of ownership in court. Whether it's a building, home, or farm, anything attached to real property can be divided and sold by co-ownership in California. California legislation has a written Civil Code Procedure to follow when ownership is dissolved or changed.

Partition action is the legal process by which a court is called upon to divide (or part) the equitable interest in real property amongst co-owners who can't unanimously decide on what to do with the asset.

A suit to divide joint tenancy is called a suit for: Partition.

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.

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District of Columbia Agreement by Co-Tenants Restricting Right of Partition