Also known as: partition doctrine · partition · partition in kind · partition by sale
Written by attorneys · grounded in primary & secondary sources — see below
A power held by a co-tenant to compel division of jointly owned property. The power permits either physical division into separate parcels or a judicial sale with division of proceeds when physical division is impractical.
Fiona and Quentin hold an office tower as tenants in common under fee simple conditional estates. Fiona seeks to liquidate her interest after market shifts. The court recognizes her power to compel partition of the tower despite Quentin's objection to any division that might affect leases.
Renee and Katie own a single warehouse studio lot as tenants in common. Renee requests physical division into separate parcels. The court orders partition by sale instead because zoning rules and the shared soundstage make any physical split unusable for production purposes.
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Two of three co-owners attempt to burden their estate with a restrictive covenant. The nonconsenting owner refuses. On later partition the attempted servitude becomes enforceable against the original signers as a basis for the division.
A trustee holds real property for multiple beneficiaries as co-tenants. One beneficiary petitions the court to partition the land to improve liquidity. The court grants the petition and orders division under the trustee's statutory authority to partition trust assets.
Co-tenants sign an agreement barring partition for ten years to support ongoing freight operations. One co-tenant later seeks an earlier sale due to market changes. The court upholds the restraint and denies the partition action because it was limited to a reasonable period when created.
A couple accumulated real and personal property during their relationship as tenants in common. One partner files for partition after the relationship ends. The court treats the claim as a standard partition action available to any co-owners under state statutes and common law.
A court prefers partition in kind but may order sale when physical division would be unfair or impossible due to the land's characteristics or legal constraints such as zoning that renders separate parcels unusable.
Supporting sources
A restraint on the power to compel partition that lasts only for a reasonable time is enforceable and prevents a co-tenant from forcing division during that period.
Supporting sources
A trustee may exchange, partition, or otherwise alter the character of trust property as part of the trustee's statutory management authority.
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The attempt creates no servitude against nonconsenting owners but may support later creation of a servitude upon partition of the estate.
Supporting sources
…F.2d 829 (D.C. Cir. 1942). A joint tenancy may be destroyed by voluntary alienation, or by levy and execution, or by compulsory partition, but a tenancy by the entirety may not. The indivisibility of the estate, except by joint action of the spouses, is an indispensable feature of the tenancy by the entirety. Ashbaugh v.…