Partition of Property

Partition of Property

A Partition of Property Service is a legal process that allows co-owners of a property to divide or sell the property when they can no longer agree on how to use or manage it. This typically occurs when two or more people own a property together, but one or more of them wish to sell their interest or exit the joint ownership. The partition process ensures that each co-owner receives their rightful share of the property’s value or a physical portion, depending on the circumstances.

Types of Partition

• Partition in Kind: This involves physically dividing the property into portions that each co-owner can own individually. It is usually applied when the property (e.g., land) is large enough and can be fairly divided without affecting its value.
• Partition by Sale: If it is not feasible to divide the property physically, or if such division would be impractical, the property is sold. The proceeds are then distributed among the co-owners based on their ownership shares.

When Partition of Property May Be Needed

• Co-owners disagree on how to manage or use the property.
• One or more co-owners want to sell their share, but others do not agree.
• Co-owners cannot afford to buy out the others.

When to Use This Service

• Buying or selling land.
• Developing or constructing on a plot.
• Applying for government approvals or land conversion.

Steps Involved in Partitioning Property

1. Agreement or Petition: Ideally, co-owners agree on how to partition the property. If no agreement is reached, a court petition can be filed to initiate the partition process.
2. Court Proceedings: The judge reviews the case and decides whether the property can be physically divided or should be sold.
3. Appraisal and Valuation: A property appraisal may be conducted to determine its fair market value, especially if a sale is involved.
4. Distribution of Proceeds or Property: After division or sale, the physical portions or sale proceeds are distributed as per each co-owner’s share.

Services by Land Settles

• We guide co-owners through the legal process, help prepare necessary documents, and represent clients in court if needed.
• We assist with property title research to clarify ownership interests before proceeding with a partition.
• Our experts help in determining the property’s value or assist with the sale process.