North Dakota Partition Warranty Deed
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How to fill out Partition Warranty Deed?
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FAQ
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.
Previously, partition by appraisal only applied to inherited property. The Partition of Real Property Act, which went into effect on January 1, 2023, now allows a co-owner to buy out the interest of the co-owner requesting a partition by sale. Generally, the law favors a physical partition or a partition in kind.
A North Dakota property owner may transfer or retitle real estate during the owner's life using a signed, written deed. A North Dakota deed must satisfy the legal requirements described below to be eligible for recording and to legally transfer title to the new owner.
A partition deed is a legal document used to divide a piece of property co-owned by two or more people. It is an agreement setting out the terms and conditions for dividing property and allocating the shares to each co-owner.
A North Dakota quitclaim deed transfers the signer's interest in property with no warranty of title. A quitclaim deed passes to the new owner all of the current owner's rights in the property as of the date of the deed.
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 agreement may be an express statement that the right to partition is waived. It may also be evidenced by a right of first refusal where one co-tenant is required to offer the property for sale to another co-tenant as a condition precedent to an action for partition.
A North Dakota general warranty deed is a deed used to transfer property from one person to another in North Dakota. The person selling is called the grantor while the person buying is called the grantee.