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Simple English definitions for legal terms
partition
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A quick definition of partition:
A partition is when people own a piece of land together, but they want to have their own separate parts of it. This can happen when people own the land as joint tenants or tenants in common. The purpose of a partition is to divide the land so that each person can have their own part of it. This can happen by agreement between the owners or by a court order. If the land cannot be divided fairly, it may be sold and the money divided between the owners.
A more thorough explanation:
A partition is a legal process that divides concurrent interests in a piece of land. This usually happens when there are joint tenancies or tenancies in common. The goal of a partition is to allow each owner to possess and enjoy their share of the property separately.
There are two types of partitions: voluntary and compulsory. A voluntary partition happens when all owners agree to divide the property. A compulsory partition happens when one or more owners want to end their participation in the joint ownership and force a division.
If the property can be divided fairly, it will be physically divided among the owners. If it cannot be divided fairly, it will be sold and the proceeds will be divided among the owners.
John and Jane own a house together as joint tenants. They have equal shares in the property. However, they have a falling out and John wants to sell his share of the property. Jane does not want to buy John's share, so they go to court to force a partition. The court orders the house to be sold and the proceeds are divided equally between John and Jane.
This example illustrates how a partition can be used to divide a property when the owners cannot agree on how to divide it themselves.