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A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. [1]
Conversely, if the co-owner's "improvements" decrease the value of the property, the co-owner is responsible for the decrease. In an Australian case, [1] the High Court said that the costs of repairing by one co-owner must be taken into account on the partition or final distribution (i.e. sale) of the property.
Partition by sale is a court remedy used when a parcel of land cannot be physically divided, and the proceeds for the sale are distributed proportionally among the cotenants. [7] Cotenants can request another remedy, partition in kind, which would split the property into parcels proportionate to the shares each cotenant has. [ 3 ]
For example, if a house is worth $600,000 and there are three equal beneficiaries, a partition action could give each of them a $200,000 interest in the property.
A prohibition against partition of property for a limited time. The right of first refusal – for example, if Joey sells property to Rachel, he may require that if Rachel later decides to sell the property, she must first give Joey the opportunity to buy it back.
Mitchell was the principal drafter of a law, called the Partition of Heirs Property Act, which aimed to give the descendants of heirs a better chance of retaining property that they wish to retain. [8] By October 2020, the Partition of Heirs Property Act had been adopted in 18 states. [3] In 2020, Mitchell was named a MacArthur Fellow. [8]
The Court of Appeals affirmed the trial court's order that the property would be sold by recognizing that in a partition action one available remedy is the sale of the real property when physical division of the real property cannot be accomplished without great prejudice to the owners.
Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land.