What is the procedure for a Partition action? To understand the process, you first must understand what Partition means. To begin with, Partition is the division of personal or real property between two or more co-owners, such as joint tenants or tenants-in-common. The division of the real estate is the subject of this article.
A partition action is a court-filed lawsuit that names all parties interested in the subject property—owners, lienholders, lenders, and holders of future estates—and is brought in their name. A Partition complaint is filed and served on each named defendant to begin the action.
A judge decides on the interests of the parties and the partition method in the Partition action, which proceeds like a court trial. The judge will appoint a referee to oversee and make recommendations regarding the Partition.
If the land is physically partitioned, it will be cut into proportionate parcels based on the owners’ respective interests. If the land cannot be physically divided, it will be sold by an agreed upon broken and the cash proceeds will be split proportionally among the parties.