Partition
National Real Estate Exam glossary · Property Ownership
Definition
A legal action by which co-owners holding an undivided interest force a division of the property — physically or by court-ordered sale and distribution of proceeds — ending the co-ownership without unanimous consent.
Partition in plain English
Sometimes several people own one property together — say, siblings who inherited a house — and they can't agree on what to do with it. Partition is the legal escape hatch: any co-owner can go to court to break up the shared ownership, even if the others say no. If the land can be physically split into fair pieces, the court does that; if it can't (you can't saw a house in half), the court orders the property sold and the money divided among the owners. It's the law's way of saying nobody is trapped in a co-ownership forever.
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