Understanding Partition Actions in Real Estate Law

Welcome to our law firm’s blog! Today, we’re focusing on an
important and often misunderstood area of real estate law: partition actions.
Partition actions are legal proceedings used to resolve disputes between
co-owners of real property. Whether you’re dealing with inherited property,
joint investments, or other shared real estate, understanding partition actions
can help you navigate these complex situations effectively.

What is a Partition Action?

A partition action is a legal process used to divide property
among co-owners. When co-owners cannot agree on how to manage, use, or dispose
of the property, a partition action can be filed in court to seek a fair
resolution. There are two main types of partition actions:

1. Partition in Kind This involves physically dividing the
property into distinct portions, giving each co-owner a separate piece. This
method is typically used when the property can be easily divided without
significantly affecting its value or use.

2. Partition by Sale When the property cannot be practically or
equitably divided, the court may order a sale of the property, with the
proceeds distributed among the co-owners according to their ownership
interests. This method is common in cases where partition in kind is not
feasible.

If you’re facing a dispute over jointly owned property, don’t navigate it alone.