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A partition action is a legal process used to divide and distribute jointly owned real estate among the co-owners. In this article, we will explore the concept of partition actions, discuss the different types of partition, delve into the legal process involved, and examine the potential implications for all parties involved.
Partition by Sale is a legal procedure designed to resolve conflicts and disputes among co-owners of real property. It offers a structured approach to handling disagreements when co-owners cannot reach a consensus about the property’s use, management, or disposition.
2 Αυγ 2024 · Real estate partition is a legal process that divides property among co-owners when they can no longer agree on the property's use or disposition. This guide aims to provide a comprehensive understanding of the partition process, its types, the legal framework governing it, and what co-owners can expect during a partition action.
There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as “Partition in Kind,” a Partition by Physical Division requires the Court to divide the land by its proportional value.
7 Οκτ 2024 · Also known as partition by "licitation" or "succession," a partition by sale means forcing a sale of the entire property. The proceeds are then divided among the owners. This type of partition is used when actual partition is difficult to achieve without seriously damaging one party's interests.
22 Οκτ 2019 · The attorneys at Phillips & Angley are well versed in the partition statute, G.L. c. 241, as well as the case law concerning equitable adjustments in the context of a partition. Our attorneys can guide you through the complicated process of determining what each co-tenant is entitled to in a partition proceeding.
Partition action is the legal process by which a court is called upon to divide (or part) the equitable interest in real property amongst co-owners who can’t unanimously decide on what to do with the asset.
