Partition Cases
A partition action is a court process to resolve disputes among co-owners of real property. When co-owners cannot agree, the court can order a sale or division and address credits and accounting issues.
Who can bring a partition action?
Typically, a co-owner with a present possessory interest (for example, tenants in common or joint tenants) may seek partition. Standing and necessary parties depend on the ownership structure and recorded interests.
The process (high level)
A partition case generally involves pleadings and joinder of all interested parties, discovery and appraisals where needed, and a court decision directing sale or other relief. The court can appoint a referee to manage aspects of the sale.
Accounting, credits, and offsets
Partition cases often involve disputes about contributions: mortgage payments, taxes, insurance, improvements, repairs, and occupancy. The court may award credits or offsets based on proof and equitable considerations.