Partition is done (1) by an agreement between parties; or (2) by judicial proceedings.
Does partition apply to any type of property ownership?
Partition only applies if the property is co-owned, thus it happens when:
- the owners are spouses and they have separated,
- the heirs are co-owners of the inherited real property
- The owners are partners who bought the property together and would like to subdivide the property already in accordance with their respective shares.
What happens after a partition?
After the partition, it makes each co-owners the exclusive owner of their respective shares.
I am a co-owner of a property and I want to get my share. What should I do?
A co-owner can demand partition at any time, but only to the extent of his/her share.
Do I need a surveyor in partitioning my property?
Partition of parcels of land involves survey plans so that the current metes and bounds may be cut up and divided accordingly. A surveyor thus needs to be hired to properly divide the land.
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