Partition (law)

Partition (law)

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition its/their land by entering a Deed poll (sometimes referred to as "carving out").

There are two kinds of partition which can be awarded by court: "partition in kind" and "partition by sale". A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants. Generally, the court is supposed to order a partition sale only if the land cannot be physically divided, although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece.

A provision in a deed completely prohibiting partition will not be given effect, but courts will enforce a provision that temporarily restricts partition, as long as the restriction is reasonable.


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • partition law — skirstinys statusas T sritis fizika atitikmenys: angl. distribution; distribution law; partition law vok. Verteilung, f; Verteilungsgesetz, n rus. закон распределения, m; распределение, n pranc. distribution, f; loi de distribution, f …   Fizikos terminų žodynas

  • partition law — pasiskirstymo dėsnis statusas T sritis fizika atitikmenys: angl. distribution law; partition law vok. Verteilungsgesetz, n rus. закон распределения, m pranc. loi de distribution, f; loi de répartition, f …   Fizikos terminų žodynas

  • partition — par·ti·tion /pär ti shən/ n: the severance voluntarily or by legal proceedings of common or undivided interests in property and esp. real property: division into severalty of property held jointly or in common or the sale of such property by a… …   Law dictionary

  • Partition — Generally, a partition is a splitting of something into parts. The term is used in a variety of senses: Law *Partition (law), to divide up a piece of land into separate portions representing the proportionate interests of the tenants. It may also …   Wikipedia

  • Partition of Quebec — Partition in Quebec politics refers more correctly to the secession of regions of the province of Quebec than to partitions in strictly political sense. It is usually discussed as a possibility in the event of Quebec secession from Canada. It was …   Wikipedia

  • Partition — Par*ti tion, n. [F. partition, L. partitio. See {Part}, v.] 1. The act of parting or dividing; the state of being parted; separation; division; distribution; as, the partition of a kingdom. [1913 Webster] And good from bad find no partition. Shak …   The Collaborative International Dictionary of English

  • Partition of numbers — Partition Par*ti tion, n. [F. partition, L. partitio. See {Part}, v.] 1. The act of parting or dividing; the state of being parted; separation; division; distribution; as, the partition of a kingdom. [1913 Webster] And good from bad find no… …   The Collaborative International Dictionary of English

  • Law enforcement in India — by numerous law enforcement agencies. Like many federal structures, the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of… …   Wikipedia

  • partition — [pär tish′ən] n. [ME particioune < L partitio] 1. a parting or being parted; division into parts; separation; apportionment 2. something that separates or divides, as an interior wall dividing one room from another 3. a part or section;… …   English World dictionary

  • Partition of India — The Partition of British India Colonial India …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”