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Any co-tenant may sell or convey his undivided interest in the property, but such sale will only convey an undivided interest, and the buyer or assignee will become a co-tenant with the other owners.

Turn to the District Court to Partition the Land The court will appoint a panel of commissioners to review the land to be partitioned and determine the most fair and equitable manner of dividing the land. The division of the land will be based on value, not acres.

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them. Each divided property gets a new title and each sharer gives up his interest in the property in favour of other sharers.

Every single co-owner of an interest in the property (no matter how small) must agree in order for a voluntary partition to occur. The remedy when agreement cannot be reached is for one or more of the co-owners to seek a court-ordered division by means of a partition suit.

How Long Does a Partition Action Take? If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time.

Attorneys' fees in a partition lawsuit commonly range from around $20,000 to $100,000 or more, and the lawsuit itself can take over a year or two to complete.

A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This agreement must take place after the couple is married.

Can I sell my share of the undivided property? The undivided share of land can be sold through a registered sale deed. The consent of the other co-owners is not required for selling the undivided share of land. However, the seller will have to file a request for the proper demarcation of the property.

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale.

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them. Each divided property gets a new title and each sharer gives up his interest in the property in favour of other sharers.