If one owner wants to sell a jointly owned property but the other owner(s) refuse, the party seeking to sell can file a partition action. This legal procedure allows a court to intervene and force the sale of the property, dividing the proceeds among the owners ing to their ownership interests.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
The Rio Grande frequently meanders along the Texas–Mexico border. As a result, the U.S. and Mexico have a treaty by which the Rio Grande is maintained as the border, with new cut-offs and islands being transferred to the other nation as necessary.
Unless both spouses agree, a spouse must prove that something is separate property by “clear and convincing evidence.” If a spouse cannot prove something is separate property, it is considered to be community property. Read Gathering and Presenting Evidence to help you understand what is allowed in court.
The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners' interests to decide on the best division method.
A petition to partition is a legal action that can be taken by co-owners of property who cannot agree on how to use or manage the property. The petition asks the court to divide the property into separate shares or to sell the entire property and distribute the proceeds among the co-owners.
Generally, courts divide the costs of partition among the parties in proportion to their ownership interests or in a different manner when necessary to ensure equitable distributions.