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Partition
PARTITIONAny division of real property orpersonal propertybetween co-owners, resulting in individual ownership of the interests of each. The co-ownership of real and personal property can have many benefits to the parties. But when there is discord and the owners cannot agree on the use, improvement, or disposition of the property, all states have laws that permit the remedy of partition. Most cases of partition involve real property. Persons can own property as tenants in common or joint tenants. As common owners of the property, they have equal rights in the use and enjoyment of the property. Partition statutes allow those who own property in common to sever their interests and take their individual share of the property. Partition may be either voluntary or compulsory. Voluntary partition is when the cotenants (owners) divide the property themselves, usually by exchanging individual deeds. Each co-owner owns a part of the property and ceases to have an undivided interest in the whole. The parties can also provide for the sale of the property and divide the proceeds among themselves. When the co-owners cannot agree on the value of the property and their rightful shares, they may select a disinterested third person, such as an arbitrator or an appraiser, to divide the property and to allot the shares. A voluntary partition by all the co-owners is legally effective unless there is a contractual challenge to its recognition. These challenges include allegations of fraud or unconscionability, or the allegation that the parties are seeking to defraud a third party by agreeing to the partition. When the co-owners cannot agree to a voluntary partition, a lawsuit to compel partition can be filed to sever property interests. Unless there are exceptional circumstances, a tenant in common or a joint tenant has the absolute right to seek a compulsory partition. Partition must be made even if every other owner objects to it. The motives of the party seeking partition are irrelevant, and the court that hears the lawsuit has no discretion to deny partition. Its main function is to determine the method of executing the partition. Commonly the court will order the property sold and the proceeds divided, instead of ordering a physical partition of the property. If the title to the property is put into issue, most states permit the court to resolve this issue as well as the partition. Both real and personal property can be subject to compulsory partition. Real property that can be subject to partition includes a building, a story of a building, the land on which a building rests, or the surface of land where there is an oil or gas lease. Similarly, personal property can be subjected to compulsory partition. The fact that the property is owned in unequal shares does not affect the partition. The right has been enforced with respect to a cashier's check payable jointly to those who share a tenancy in common, promissory notes, shares of stock in a corporation, and stocks of merchandise. further readingsThomas, David A., ed. 1998. Thompson on Real Property. Charlottesville, Va.: LEXIS. cross-references |
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"Partition." West's Encyclopedia of American Law. 2005. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. "Partition." West's Encyclopedia of American Law. 2005. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1G2-3437703263.html "Partition." West's Encyclopedia of American Law. 2005. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437703263.html |
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partition
par·ti·tion / pärˈtishən; pər-/ • n. (esp. with reference to a country with separate areas of government) the action or state of dividing or being divided into parts: the country's partition into separate states. ∎ a structure dividing a space into two parts, esp. a light interior wall. ∎ Chem. the distribution of a solute between two immiscible or slightly miscible solvents in contact with one another, in accordance with its differing solubility in each. ∎ Comput. each of a number of portions into which some operating systems divide memory or storage. • v. [tr.] divide into parts: an agreement was reached to partition the country. ∎ divide (a room) into smaller rooms or areas by erecting partitions: the hall was partitioned to contain the noise of the computers. ∎ (partition something off) separate a part of a room from the rest by erecting a partition: partition off part of a large bedroom to create a small bathroom. DERIVATIVES: par·ti·tion·er n. par·ti·tion·ist / -ist/ n. |
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"partition." The Oxford Pocket Dictionary of Current English. 2009. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. "partition." The Oxford Pocket Dictionary of Current English. 2009. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O999-partition.html "partition." The Oxford Pocket Dictionary of Current English. 2009. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O999-partition.html |
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partition
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T. F. HOAD. "partition." The Concise Oxford Dictionary of English Etymology. 1996. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. T. F. HOAD. "partition." The Concise Oxford Dictionary of English Etymology. 1996. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O27-partition.html T. F. HOAD. "partition." The Concise Oxford Dictionary of English Etymology. 1996. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O27-partition.html |
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partition
partition
1. The term used in some operating systems to refer to a static area of memory for use by jobs, and also applied by association to the jobs executed in that area. 2. of a set. See covering. |
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JOHN DAINTITH. "partition." A Dictionary of Computing. 2004. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. JOHN DAINTITH. "partition." A Dictionary of Computing. 2004. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O11-partition.html JOHN DAINTITH. "partition." A Dictionary of Computing. 2004. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O11-partition.html |
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partition
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JAMES STEVENS CURL. "partition." A Dictionary of Architecture and Landscape Architecture. 2000. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. JAMES STEVENS CURL. "partition." A Dictionary of Architecture and Landscape Architecture. 2000. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O1-partition.html JAMES STEVENS CURL. "partition." A Dictionary of Architecture and Landscape Architecture. 2000. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O1-partition.html |
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partition
partition (Fr.). Score.
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MICHAEL KENNEDY and JOYCE BOURNE. "partition." The Concise Oxford Dictionary of Music. 1996. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>. MICHAEL KENNEDY and JOYCE BOURNE. "partition." The Concise Oxford Dictionary of Music. 1996. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O76-partition.html MICHAEL KENNEDY and JOYCE BOURNE. "partition." The Concise Oxford Dictionary of Music. 1996. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O76-partition.html |
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