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If you and your spouse are considering divorce, you may need to decide how to equitably split any property in which you have shared ownership. An action for partition is the separation of jointly owned property, either by division or sale.
A partition in kind, also called a partition by division, divides the house or land between the two parties. That means you will no longer co-own the property. Instead, you’ll each own a portion of the property in your own name.
However, a partition in kind isn’t always practical or desirable, such as with the primary residence you shared when married. Partition by sale could then be the best answer. In that situation, the property will be sold to a third party and the proceeds from the sale distributed to you both.
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