Partition of Jointly Owned Property

When parties own property jointly without any right of one party to automatically own the whole property upon the death of the other, then each party owns an undivided interest in the whole property. If the parties cannot agree on how to deal with the property then either party can ask the courts to partition or divide the property. If the property cannot be split equally then the court can appoint a master to sell the property at auction with the parties splitting the proceeds of the sale. It is unusual for such a case to go to auction because of the costs involved, but it can occur when the parties cannot agree on a value or which party can buy out the other.

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