Partition in kind
Physically dividing co-owned land between the owners, rather than selling it and dividing the money.
What it means
When co-owners cannot agree, a court has two ways to end the co-ownership. It can divide the land itself, giving each owner a described piece — partition in kind — or it can order the whole thing sold and divide the proceeds.
Which one happens is the difference between a family that still has land and a family that has a check. Acreage can often be divided. A single house on a single lot usually cannot, which is why partition of a home almost always means a sale.
Courts have historically leaned toward sale because it is simpler to administer. The uniform reform act adopted in a number of states is meant to push the other way for family property. Sahvelo has not read that act or any state's enactment at its own source, so whether a court where your land sits must prefer division is a question for a local attorney rather than one this entry answers.
Why it matters
It is the outcome families want and the one they are least likely to get if nobody argues for it.
Whether it is even available to argue for depends on which state the land is in and what that state has enacted.
When you are likely to meet it
- When a co-owner files to end the shared ownership of family land.
- When several heirs want to keep the property and one wants out.
How this varies by state
Whether a court prefers division to sale, and what it must weigh before ordering a sale, is set by each state's partition statute. Sahvelo has read none of them.