Partition by Sale vs. Partition in Kind: Which is Right for Your Property?
Three cousins, Emily, Jake, and Ryan, inherited a 200-acre ranch. Emily wanted to keep her portion for farming, but Jake and Ryan insisted on selling. A Partition in Kind was initially suggested, but the land’s uneven value made a Partition by Sale the court’s final ruling.
When co-owners disagree on what to do with a property, courts may intervene with a Partition Action. The two main outcomes are Partition by Sale or Partition in Kind—but which one applies to your case?
Partition by Sale
This is the most common form of Partition Action, especially for properties that cannot be physically divided, such as:
Single-family homes
?? How It Works: The court orders the sale of the property, typically through an auction or a private sale, and the proceeds are divided among the owners based on ownership percentages.
Partition in Kind
If the property can be physically divided without losing its value, the court may order a Partition in Kind. This is more common for:
Large agricultural land
?? Example: Three siblings inherit a 100-acre farm. The court may allow them to divide the land into separate parcels rather than selling it.
Which is Best for You?
A court considers factors such as property type, financial impact, and co-owner preferences before making a decision. A real estate attorney can help present your case in the most favorable light.
?? Confused about your options? Let’s find the best legal strategy for your case. Schedule a consultation today!