Also known as: rights to partition · partition right · partition action
Written by attorneys · grounded in primary & secondary sources — see below
A right held by co-owners of real property to compel a court to divide the property either physically among the owners or by sale with division of the proceeds.
Rhea Reynolds and Rowan Russell own a warehouse lot as tenants in common. The lot lies in an arts district where zoning prohibits subdivision below a minimum floor-area ratio. Rhea seeks partition. Because any physical split would create unusable parcels under the zoning rules, the court orders a sale and divides the proceeds.
Ralph Richardson and Regina Robinson lived together and acquired a home as joint owners. After their relationship ended, Ralph files a partition action. The court recognizes that each holds a present interest and grants partition by sale, dividing the proceeds according to their contributions and ownership shares.
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A husband and wife hold property as tenants by the entirety. The IRS seeks to attach the husband's interest for unpaid taxes. The Court notes that the right to partition and alienate the proceeds forms part of the substantial property interest subject to federal tax lien.
A court prefers partition in kind but may order sale when physical division would be unfair or impossible. Physical features of the land and external legal limits such as zoning rules that render separate parcels unusable justify a judicial sale.
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Yes. Joint tenants who hold present possessory fee interests may compel partition on the same terms as tenants in common. The form of concurrent ownership does not eliminate the right.
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Yes. When an old fee tail is preserved only for the life of a designated person, the present possessory interests are treated like fee simple for partition purposes. Co-owners may therefore compel division or sale.
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Yes. Long-term power purchase agreements or grid connections may affect the form of relief but do not bar the underlying right to partition. The court may order sale when those encumbrances make physical division impractical.
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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…