Partition of Real Estate

A partition describes an act to divide up an estate into separate portions with the interestss of the tenants are proportionate. Under the common law, any tenant who owns an undivided concurrent interest in land can request a division. Sometimes, the parties agree to a specific division of the land but if they don’t, the court will determine an appropriate division. Owner(s) can partition land by entering a Deed poll, also called \carving out.\ There are three kinds of partition which can be awarded by court: partition in kind, partition by allotment, and partition by sale.

Here on LawServer you’ll find relevant state laws about partition of real estate, and related legal Questions & Answers.