Partition

Question 1

Partition in Kind

Answer 1

Property is physically divided into pieces and given to each co-tenant as a separate property.

Question 1

Partition

Answer 1

Ends the co-ownership of property and divides the property between the co-owners.

Question 2

Partition in Kind general rule

Answer 2

in kind is favored over by partition by sale. In most states, property will be partitioned in kind unless it would create great prejudice for the other co-owners.

Question 3

Owelty

Answer 3

a monetary amount paid upon partition in kind to make it equal to the other party.

Question 4

Partition by Sale

Answer 4

property is sold by the court and the proceeds are divided according to the ownership shares of each co-tenant.

Question 5

Factors of Great Prejudice

Answer 5

• Location
• Size of the property
• Sentimental value (least important)