partition suit

A court orders partition by sale when physical division would be unfair or impossible because of the land's physical features or external legal constraints such as zoning rules that render resulting parcels unusable. The preference for in-kind division yields when those constraints prevent equitable separate parcels.

A co-tenant generally holds a near-absolute right to compel partition. The court then decides only whether the division occurs in kind or by sale based on feasibility and fairness.

Zoning rules are considered when determining whether a fair physical division is possible. If they prevent creation of compliant, usable parcels, the court properly orders a sale instead of in-kind partition.

Yes. Courts apply ordinary partition principles to property acquired during nonmarital cohabitation when the parties hold title as co-tenants.