property
partition
Partition is the legal process for dividing co-owned property when the owners cannot agree on how to use it or whether to sell it. A co-owner, such as a tenant in common or joint tenant, can ask a court to divide the land physically (partition in kind) or, if division is impractical, order it sold and split the proceeds according to each owner's share.
- Exam tip
- Exams test partition as the remedy for co-owners in a dispute. When land cannot be fairly divided, such as a single house, the court usually orders a sale.
- Example
- Three siblings inherit a house as tenants in common. One wants to sell and the others refuse, so she files a partition suit, and the court orders the home sold and the money split three ways.
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Last verified: 2026-10-23