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What Is a Partition Lawsuit? A Method for Severing Joint Ownership

Partition lawsuits are useful when co-owners can't decide what to do with a property.

[Updated: Feb 04, 2021 ] Jun 13, 2020 by Tara Mastroeni

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Type Partition in Kind Partition by Allotment  Partition by Sale
Main advantage Everyone gets a smaller piece of property to call their own. One co-owner keeps the home, and the others get monetary compensation for their shares. Since it's easy to divide profits from a sale, this is often the simplest way to sever joint ownership.
Main disadvantage Difficult to do with most residential and commercial real estate properties. Not all states even offer this type of partitioning as an option. The property must be sold, even if one party had been hoping to maintain ownership.

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