Kentucky Partition Deed for Surface Estate

State:
Multi-State
Control #:
US-OG-316
Format:
Word; 
Rich Text
Instant download

Description

When parties own undivided interest in the surface of lands, if they desire to divide the lands so that each party owns, separately, a particular tract, this can be accomplished by the parties partitioning the lands. Then each will own a separate part of the lands in which all the parties owned an undivided interest. This form of partition deed accomplishes this objective.

How to fill out Partition Deed For Surface Estate?

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FAQ

To legally ?partition? property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners. In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors.

A partition action is a lawsuit to divide and/or sell a jointly owned property. Property that must go through probate processes is part of an inheritance within an estate when it passes on to the heirs.

A partition is a division of concurrent interests in land. Such types of concurrent ownerships are usually either joint tenancies or tenancies in common.

A partition in kind occurs when the court physically divides the real estate. A partition by sale occurs when the court orders the sale of the property and the net sale proceeds are divided among the co-owners ing to their respective interests.

Partitioning is a division in real or personal property between co-owners. This typically occurs when property is inherited or passed down to heirs. There are two types of partitioning: Partition in Kind and Partition by Sale.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

Kentucky is a lien theory state, which means that when you file a partition lawsuit and Kentucky is the jurisdiction, all liens held by mortgage companies or lenders must be satisfied before the land can be divided or sold..KRS 389.030 governs a partition action and the basic steps are:.1.

Kentucky law allows people who trespass or encroach on the property of another for a minimum period of time to develop an ownership claim to the property.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

Examples Partition of Africa (Scramble for Africa), between 1881 and 1914 under the General Act of the Berlin Conference. Partition, multiple times, of the Roman Empire into the Eastern Roman Empire and the Western Roman Empire, following the Crisis of the Third Century.

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Kentucky Partition Deed for Surface Estate