Partition in kind is a method of dividing jointly owned property among multiple individuals. It involves physically dividing the property into separate portions, with each person receiving their own portion. Unlike other forms of partition, where the property is sold and the proceeds are distributed among the owners, partition in kind allows for the physical division of the property. This approach is commonly employed for real estate, but it can also be utilised for other types of assets such as minerals. Once partition in kind is completed, it is considered final and cannot be altered.
Partition in kind is the division of jointly owned real property into individually owned interests. For instance, if two siblings inherit a house, they may choose to partition the property in kind, physically dividing it into two parts and each sibling receiving ownership of one part. This type of partition, also known as definitive partition, is permanent and cannot be undone. In Louisiana, partition of succession refers to the division of an estate among the heirs of someone who died without a will. This is another example of partition in kind. Partition in kind differs from partition by sale, which involves selling the property and dividing the proceeds among the co-owners. Partition in kind is often preferred when the property holds sentimental value or when the co-owners wish to retain ownership of a specific portion of the property.
Partition in kind is a legal process where co-owners of a property agree to divide the property physically, allowing each co-owner to take possession of a specific portion of the property.
Partition in kind can be used when co-owners of a property want to end their co-ownership and divide the property among themselves without selling it.
In partition in kind, the property is physically divided into separate portions, and each co-owner receives ownership of their designated portion. This can be done by physically dividing the property or by assigning specific portions to each co-owner.
In general, partition in kind can be used for any type of property, including land, buildings, or other real estate. However, certain properties, such as those with unique characteristics or indivisible assets, may not be suitable for partition in kind.
Ideally, all co-owners should agree to partition in kind. However, if one or more co-owners do not agree, a legal action may be required to enforce the partition in kind.
If the property cannot be divided equally, the co-owners may agree to compensate each other for any differences in value. Alternatively, a court may order a sale of the property and distribute the proceeds among the co-owners.
Yes, partition in kind can be done without involving the court if all co-owners agree on the division of the property. However, if there is a dispute or disagreement, a court may need to intervene to resolve the issue.
Partition in kind allows co-owners to retain ownership of a portion of the property, which can be beneficial if they have emotional or sentimental attachment to it. It also avoids the need to sell the property and potentially incur transaction costs.
One potential disadvantage of partition in kind is that it may result in the division of a property that is not easily divisible, such as a building with shared infrastructure. Additionally, if co-owners have differing opinions on the value of specific portions, disputes may arise.
Once a partition in kind is completed and the property is divided among the co-owners, it is generally difficult to reverse the process. However, if there are legal grounds to challenge the partition, such as fraud or coercion, it may be possible to seek a court order to undo the partition.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/partition-in-kind/
- Modern Language Association (MLA):Partition In Kind. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/partition-in-kind/.
- Chicago Manual of Style (CMS):Partition In Kind. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/partition-in-kind/ (accessed: May 09 2024).
- American Psychological Association (APA):Partition In Kind. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/partition-in-kind/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts