Partition

Any co-tenant may seek partition as of right. Partition in kind (physical division) is preferred; partition by sale is ordered when physical division is impractical or inequitable. Voluntary partition agreements are enforceable.

Related Co-Ownership rules

• Joint TenancyA joint tenancy is co-ownership with the right of survivorship: upon a joint tenant's death, the surviving joint…
• Severance of Joint TenancyA joint tenancy may be severed by inter vivos conveyance (including to oneself), partition, contract of sale, or…
• Tenancy in CommonA tenancy in common is co-ownership without the right of survivorship. Each tenant holds an undivided fractional…
• Tenancy by the EntiretyA tenancy by the entirety is available only to married couples and carries the right of survivorship. It may not be…
• Rights and Duties of Co-TenantsEach co-tenant is entitled to possession of the whole. A co-tenant collecting rent from third parties must account to…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.