Partition (law)

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Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, and abandoned property
Bailment · Licence
Estates in land
Allodial title · Fee simple
Life estate · Fee tail · Future interest
Concurrent estate · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser · Torrens title
Estoppel by deed · Quitclaim deed
Mortgage · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement · Profit (real estate)>Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures · Waste (law)>Waste · Partition
Riparian water rights
Lateral and subjacent support
Assignment · Nemo dat
Other areas of the common law
Contract law · Tort law
Wills and trusts
Criminal Law · Evidence
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition its/their land by entering a Deed poll (sometimes referred to as "carving out").


Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, and abandoned property
Bailment · Licence
Estates in land
Allodial title · Fee simple
Life estate · Fee tail · Future interest
Concurrent estate · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser · Torrens title
Estoppel by deed · Quitclaim deed
Mortgage · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement · Profit (real estate)>Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures · Waste (law)>Waste · Partition
Riparian water rights
Lateral and subjacent support
Assignment · Nemo dat
*Other areas of the common law*
Contract law · Tort law
Wills and trusts
Criminal Law · Evidence

There are two kinds of partition which can be awarded by court: partition in kind and partition by sale. A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants.

A provision in a deed completely prohibiting partition will not be given effect, but courts will enforce a provision that temporarily restricts partition, so long as the restriction is reasonable.

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