What is partition of property?

Partition of property is a legal process used when co-owners of property in California wish to divide their ownership interests. It involves a court proceeding in which a judge orders the property to be divided so that each owner has an individual interest in property that is equal to the other owners’ interests. Partition of property is most commonly used when two or more people own real estate together or when a husband and wife jointly own property. Partition of property is used to resolve disputes between co-owners when they can’t agree on a division of the property. The court can order a physical division of the property, such as a division of acreage when the property is real estate, or an auction where the property can be sold by bidding and the proceeds of the sale divided among the owners. The court can also order a “partition in kind” in which the property is actually divided into separate interests. Each owner is given a deed for their separate share, and the deed will set out their interests and rights as a co-owner with the other owners. Partition of property is often a lengthy and expensive process, though it can be the best way to divide a co-owned property when the owners are unable to agree on a division of the property.

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What is partition of property?

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