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Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights.Therefore a partition is a request to a court to help determine the best manner of dividing jointly-owned property.
To legally partition property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners.The right to partition can be waived if the correct agreement is executed.
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it's very difficult, legally, to stop a partition action there are alternatives.
To legally partition property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners.The right to partition can be waived if the correct agreement is executed.
How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.
Partition by sale is accomplished by selling the entire property and dividing the proceeds equitably among the owners.However, before forcing an unwanted sale, the court can order or permit one of the co-owners to purchase the interest of the remaining co-owner(s) for fair market value.