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Simple English definitions for legal terms
provisional partition
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A quick definition of provisional partition:
A provisional partition is a temporary way of dividing property, often used when the rest of the property cannot be divided yet. It separates one part of a space from another. For example, if two people own a house together and want to split it up, they might make a provisional partition to divide the house into two parts until they can figure out a more permanent solution.
A more thorough explanation:
A provisional partition is a temporary division of property, often made before the remainder of the property can be divided. It is a type of partition, which is the act of dividing real property held jointly or in common by two or more persons into individually owned interests.
- Two siblings inherit a house from their parents. They cannot agree on how to divide the property, so they make a provisional partition, with one sibling living in the house and the other receiving a portion of the rental income until a definitive partition can be made.
- In Louisiana, when someone dies without a will, their estate is divided among their heirs through a partition of succession. This may involve a provisional partition of property until a definitive partition can be made.
- In the oil and gas industry, an undivided mineral interest may be divided through a provisional partition by voluntary agreement or judicial action.
These examples illustrate how a provisional partition is a temporary solution to dividing property when a definitive partition cannot be made immediately. It allows for the property to be used or managed in the meantime, while the parties involved work towards a more permanent solution.