A partition refers to the division of co-owned property. When multiple people own property as tenants in common (TIC), each has an undivided interest in the whole property. Over time, one or more co-owners may wish to separate their share from the collective ownership, often because they wish to sell, or they may have disputes with other owners. In such cases, a partition action may be pursued.
There are typically two types of partition:
- Partition in Kind (or Actual Partition): This involves the physical division of the property, with each co-owner getting a portion equivalent to their ownership interest. This is most common with large tracts of undeveloped land where the property can be easily divided.
- Partition by Sale: If the property cannot be physically divided (e.g., a single-family home), it is sold, and the proceeds are divided among the co-owners according to their ownership interests.
If the co-owners cannot agree on how to partition the property, they may take the matter to court, and the court will determine the best method of partition based on the circumstances.
It’s essential to note that a partition does not terminate the tenants in common relationships; it merely separates the property so each tenant in common has their own distinct portion.