Also known as: partition by sale
Written by attorneys · grounded in primary & secondary sources — see below
A form of relief in a partition action by which a court orders the entire property sold and the proceeds divided among the co-tenants. Courts resort to this remedy when physical division of the land would be unfair or impracticable because of the property's characteristics or external legal constraints such as zoning rules that would render resulting parcels unusable.
Deanna Davenport and Doris Duffy own a rural parcel as tenants in common. Local zoning requires any subdivided lot to meet a minimum size that neither co-tenant's share would satisfy. Deanna sues for partition. The court orders division by sale because any physical split would produce parcels that violate zoning and cannot be used or built upon.
Derek Douglas and Daphne Doyle hold a single warehouse as tenants in common after their business partnership ends. The building contains one soundstage and shared recording facilities that cannot be split without destroying operational value. Derek seeks partition. The court orders division by sale because the physical layout and shared facilities make any in-kind division inequitable.
Select any source to read its text and confirm it supports the definition.
A court orders division by sale when physical division would be unfair or impracticable. Physical characteristics of the land and external legal constraints such as zoning that would render separate parcels unusable justify a judicial sale.
Supporting sources
Yes. Courts continue to treat partition in kind as the preferred method, although practical considerations in most cases lead to division by sale instead.
Supporting sources
The property is sold and the proceeds are divided among the co-tenants in proportion to their ownership interests.
Supporting sources
…appeal, the defendant claims essentially that the trial court’s conclusion that the parties’ interests would best be served by a partition by sale is not supported by the findings of subordinate facts, and that the court improperly considered certain factors in arriving at that conclusion. In addition, the defendant directs a claim of…