"A partition action is a type of lawsuit that allows any title owner to ask the court to force a sale of the property when the co-owners can't agree on what to do with it,"
"A partition in kind is the process of physically dividing the property between co-owners,"
"Once the property is sold, the proceeds are divided equitably among co-owners based on their percentage of ownership,"
Co-owners who cannot agree on a jointly owned property can use a partition action to force resolution. There are two types: partition in kind, which physically divides property, and partition by sale, which sells property and divides proceeds. Partition by sale is more common for homes that cannot be physically split. The process typically begins with a co-owner filing a lawsuit in the county where the property is located. The court confirms ownership shares using deeds and agreements, issues an interlocutory judgment, and then orders sale and equitable distribution of proceeds by ownership percentage. Partition actions are usually a last resort.
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