in what ways can a partition occur
voluntary agreement
involuntary
what concurrent owners have the unilateral right to involuntary partition?
tenant in common
joint tenant
NOT TBTE
what is a partition?
court divides concurrent ownership into distinct ownership
partition in kind
physically dividing the land
partition by sale
if physical division not practical or
not fair to all parties
which partition method do courts prefer
kind
how are the partition sale proceeds divided up?
by ownership interest
when is partition in kind impossible
homes