partitions Flashcards
1
Q
in what ways can a partition occur
A
voluntary agreement
involuntary
2
Q
what concurrent owners have the unilateral right to involuntary partition?
A
tenant in common
joint tenant
NOT TBTE
3
Q
what is a partition?
A
court divides concurrent ownership into distinct ownership
4
Q
partition in kind
A
physically dividing the land
5
Q
partition by sale
A
if physical division not practical or
not fair to all parties
6
Q
which partition method do courts prefer
A
kind
7
Q
how are the partition sale proceeds divided up?
A
by ownership interest
8
Q
when is partition in kind impossible
A
homes
