Also known as: communi dividundo · actio de communi dividundo · partition action · division of common property
Written by attorneys · grounded in primary & secondary sources — see below
An action by which a co-owner of property held in common may compel its physical division among the owners or its sale with division of the proceeds when physical division cannot be made fairly and equitably.
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Diego Duarte and Dolores Diaz hold a rural parcel as tenants in common. The land contains wind turbines subject to long-term utility contracts and lies in a zone requiring minimum acreage for separate parcels. Diego sues for partition. The court orders a sale because zoning rules would render any subdivided tracts unusable for their intended purpose.
Dwight Dorsey and Darrell Duncan acquired a home together while cohabiting. After their relationship ends, Dwight files for partition. The court applies common-law partition principles to recognize each party's interest and orders division of the property or its proceeds.
Devon Drake and a co-owner hold title to land as tenants in common. Devon seeks partition by sale. The court evaluates whether physical division is feasible under applicable constraints and determines the appropriate remedy.
No. Each tenant in common holding a present possessory fee interest may unilaterally compel partition. The right attaches to the nature of the concurrent estate itself.
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A court may order sale when physical characteristics of the land or external legal constraints such as zoning make a fair and equitable physical division impossible.
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No. Co-owners holding present possessory fee interests in joint tenancy may still compel partition. The survivorship feature affects only what happens at death.
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…partition simply because the woman had failed to establish through evidence the requisite "joint venture,” not because the partition action was an improper remedy in nonmarital cohabitation cases. Slocum was recently distinguished in Metten v. Benge , 366 N.W.2d 577, 579-80 (Iowa 1985), in which the Iowa supreme court upheld…