Also known as: partition proceeding · partition action · partition suit
Written by attorneys · grounded in primary & secondary sources — see below
A judicial action in which co-owners of real property seek to terminate their concurrent estate by obtaining a court order for physical division of the land or, if that is impracticable, for sale of the property with division of the proceeds.
Maya and Colin own a lakefront tract as tenants in common. Shoreline regulations require each buildable lot to have at least 150 feet of frontage and road access, but the tract has only 260 feet of frontage and one narrow access strip. Maya files for partition seeking separate lots. The court determines that any physical split would leave at least one parcel noncompliant and orders a judicial sale instead.
Pilar Pena and Peter Park hold lake property as joint tenants. Pilar files a partition action after a dispute over use. The court grants partition by sale. The sale severs the joint tenancy and divides the proceeds according to ownership shares.
Select any source to read its text and confirm it supports the definition.
Priya Prasad and Paul Peterson acquired a home together while cohabiting. After separation Priya sues for partition. The court applies common-law partition principles and orders sale of the property with division of proceeds between the former partners.
Philip Powell and Preston Pratt hold property as joint tenants. After a dispute Philip files a partition action. The court orders partition by sale, which severs the joint tenancy and converts the estate to a tenancy in common for division of proceeds.
Yes. Each co-owner of a present possessory fee interest holds the right to seek partition as a matter of right. Opposition by another co-tenant supplies no veto power over the remedy.
Supporting sources
A court orders sale when a fair and equitable physical division cannot be made. Physical characteristics of the land and external legal constraints such as zoning or water-rights rules that render separate parcels unusable justify the sale remedy.
Supporting sources
No. The right to partition is an incident of co-ownership in a present possessory estate. Filing the action itself severs a joint tenancy and converts it to a tenancy in common subject to partition.
Supporting sources
Courts consider such limits when deciding whether partition in kind is feasible. Regulations that make any resulting parcel noncompliant or unbuildable render physical division inequitable and support an order for judicial sale.
Supporting sources
…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…