Destruction of a tenancy in common
Posted on:3/27/2006
| Where the parties to a tenancy in common wish to destroy the joint interest, they can do so through a partition of the property - a division of the land into distinctly owned plots. |
Where the parties to a tenancy in common wish to destroy the joint interest, they can do so through a partition of the property - a division of the land into distinctly owned plots.
If the parties are unable to agree to a partition, any or all of them may seek the ruling of a court to determine how the land should be divided up, physically divide it between the joint owners (partition in kind), leaving each with ownership of a portion of the property representing their share. Courts may also order a partition by sale in which the property is sold and the proceeds are distributed to the owners.
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