Partition
The legal process of dividing jointly-owned property, either by physical division or by forced sale with proceeds split between the owners.
Understanding Partition
Partition is a legal remedy available when co-owners of property cannot agree on what to do with it. In divorce, if spouses cannot agree on whether to sell the marital home or how to divide jointly-owned real estate, either spouse can file a partition action. The court can order a partition in kind (physically dividing the property, rare for homes) or a partition by sale (selling the property and dividing proceeds). Partition actions are a last resort and involve additional legal costs.
Real-World Examples
When they could not agree on what to do with the vacation home, she filed a partition action forcing its sale at auction.
Related Terms
All assets and debts acquired by either spouse during the marriage, which are subject to division in divorce.
Joint PropertyProperty owned by both spouses together, which must be divided or allocated during divorce proceedings.
Marital HomeThe primary residence where the married couple lived together, often the most valuable and emotionally significant asset in a divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.