A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A Virginia Complaint for Partition of Real Property is a legal document filed by an individual or entity seeking the division or sale of jointly-owned real estate. This type of complaint is typically filed when co-owners cannot agree on how to divide or use the property and wish to have their ownership interests resolved. In Virginia, there are two main types of Complaint for Partition of Real Property: 1. Partition in Kind: This type of partition asks the court to physically divide the property into separate parcels, allowing each co-owner to obtain their share of the land. Partition in kind is commonly pursued when the property can be divided fairly, and each co-owner can receive a portion that suits their needs. 2. Partition by Sale: When it is impractical or unfair to divide the property physically, partition by sale is sought. This type of partition requests the court to order the sale of the property and distribute the proceeds among the co-owners according to their ownership interests. Partition by sale is often chosen when the property cannot be easily divided or when co-owners prefer to liquidate their shares. Keywords: Virginia Complaint for Partition of Real Property, legal document, jointly-owned real estate, division or sale, co-owners, ownership interests, partition in kind, partition by sale, physically divide, separate parcels, needs, impractical, unfair, distribution of proceeds, liquidate shares. Please note that this information should not be considered legal advice, and it is recommended to consult with a qualified attorney for specific legal guidance in Virginia.
