If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold, and the proceeds equally divided. True / False

Question

Reilly Luna

Social Studies

18 September, 02:09

If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold, and the proceeds equally divided. True / False

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Answers (1)

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Cheyanne Kaiser · Answer 1

True

Explanation:

Partition is the act of dividing a parcel of property by physical division so that each party obtains physical control, possession and ownership of a portion of the property that he or she formerly owned as a member in a co-tenancy. So if it's not possible to divide this property physically by kind, then selling it and sharing the proceed equally is the next best option for the court.