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101 This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. Reasonable attorney's fees incurred or paid by a party for the common benefit 2. Mount Airy, Dobson, Pilot Mountain, Surry County, Yadkinville, Yadkin County, If you jointly own property and are interested in discussing having it partitioned and want to discuss your options, we are here to help. Upon filing a petition for partition, the Court may: Order the property be physically divided according to each parties' interest (known as an actual partition or partition in kind); or who pays for partition action. With joint ownership, each family is free to use or benefit from their vacation property year round, and hopefully the only dispute is whose turn it is to stock the fridge. personal injury cases statewide. There are two kinds of partition proceedings, partition in kind and partition by sale. Hendrick Bryant Nerhood Sanders & Otis LLP, https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_46A.pdf, https://hendricklawfirm.com/what-is-a-partition/, Kernersville Farm, Residences or Development For Sale, Partition Sale - Stokes County 2020-21 Acreage, Timeline in Will Contest Litigation in NC, Post Judgment Collections against Epstein trust with $578 million, Order the property be physically divided according to each parties interest (known as an actual partition or partition in kind); or. Real Property is often owned by more than one person. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. PublishedbyDavis W. Puryearon Novermber 15, 2016. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorneys at Rice Law, PLLC offer quality, personalized service focusing on what's important to the clientfamily, assets, fairness, honesty, and respect. Venue in partition. Once the petition is filed, the other party will receive written notice of the proceeding. Well, how do you split it 4 ways equally? 46A-3. (336) 293-9000
Well, how do you split it 4 ways equally? 2 Unaffiliated judicial petitions and the petition request forms to be submitted by the interested candidate are always managed directly with the State Board of Elections, regardless of the jurisdictional boundaries of the seat. However, in order for this to occur one of the parties must file a petition for equitable distribution with the court before the divorce is final. Accordingly, if multiple co-owners are benefitted by the partition but only one of the owners spent money to hire an attorney to pursue the case, the free riders should have to pay their share of the legal expenses. A Partition action must be instituted in the County where the land lies. Creditors to the property can also be included as parties if the property has any liens on it. Signatures must be originals (please useINK); no electronic signatures will be counted. Yfl.q+F\f>t_3XvIrFkZZID"1 ]j5i9zHOQc8idk2k&"nb2Wo5ji1YbjT8s[w/!q#@iw-x}! U
Likewise, in situations where non-married parties (like business partners or unmarried couples) voluntarily take co-ownership of property together, they should consider consulting with an attorney about a co-tenancy agreement or other contract that will provide an agreed-upon buy-out mechanism in the event of a future dispute. What is a Separation Agreement? The agent which listed land for. In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split under N.C. GEN. STAT. Are Brokers Still Relevant? Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. As a result of inheritance or the death of a loved one, people often become co-owners of real estate. Create this form in 5 minutes! 2) You record the appropriate notices of the filing in the Registry of Deeds. There are two kinds of partition proceedings, partition in kind and partition by sale. The court can then give each party their share of these partitions, or force the sale of the property and apportion the proceeds accordingly. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Listing or Seller, Costs for Clearing Land in North Carolina, Inheriting Land and Dealing with Multiple Heirs. In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split under N.C. GEN. STAT. If practicable, the commissioners will divide the land into as close to equal plots according to land value as possible and distribute it to the parties in proportion to their investment in and rights to the property. cost of partition action. Contact Us for a Consultation (984) 837-0361. u[T Elliot has a broad range of experience with real estate disputes. Part 1. See Chapter 46A of the North Carolina General Statutes for additional information. North Carolina. Its not long before someone suggests dividing it into 4 equal parts, and letting everyone do what they want with their own piece. Home. 1492 0 obj
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Joint ownership can occur as a result of a joint purchase of real property or as a result of inheritance. A partition is a special proceeding filed by a co-tenant when the parties cannot agree on how the property should be owned, managed, divided, or sold. 46-1 et seq. The court favors partition in kind to split the property equally between the cotenants. While partition proceedings are sometimes necessary to resolve disputes, substantial expense can often be saved by negotiating a reasonable buy-out of a co-owners interests in the property. Respondent WAS NOT served for the following reason: AM PM AM PM 7A-309.) how to respond to a petition to partition. Hearing on petition for year's allowance. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_46A.pdf, For More Information, see our companion website article: https://hendricklawfirm.com/what-is-a-partition/, partition sale, actual partition, partition in kind, North Carolina partition, NC partition attorney, Charlotte partition attorney, Raleigh partition attorney, Greensboro partition attorney, Address: Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. hVmO0+i;*elmB|0k#J~wvHew7 SAhf$
QZ. A proceeding to partition real property shall be commenced in the county where the property is located. If this is not successful, the couple can petition the court to value and divide the joint property fairly between them. 46A-51(c) by Session Laws 2020-23, s. 2(o), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Is a Revocable Living Trust Right for Me. Partition in Kind Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. The reasonable costs of a title report 5. Winston-Salem, NC 27106 USA, Online: While this approach is preferred by courts, a party may show that a partition in kind would result in substantial injury to that parties interest and force a partition by sale instead. A petition to partition is only available as a remedy for individuals that are tenants in common, or co-owners, of a piece of property. A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. The petition must contain a description of the property to be sold, the names and contact information of the heirs of . Help is on the way. In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. Partitioning is the division of property, real or personal, by joint owners. petition to partition nh. But remember, friends or family can make poor business partners. Access a directory for county boards of election. Petition must include written notice in a "manner reasonably calculated to make the respondent aware" of: 1. Petition to partition is a legal action used to divide real estate or other assets jointly owned by family members, business partners, and other groups of people. You may want to build a house, cultivate a farm, If you and other family members find yourselves the beneficiaries of inherited land, there are a few things you should know. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. For a petition to partition real estate, the commissioners have 90 days after they are appointed to execute the partition and file a full report of their actions with the court. This is called a petition for partition. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. A house, for example, cannot usually be split into two. Familiarize yourself with the laws governing the specific type of petition you . In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. 7A-307(b1)(6) (Through December 31, 2019) 8.00 Hearing on petition for year's . With each person given 25 acres, some will likely be getting land worth much more or much less that others. This is called a petition for partition. Disagreements regarding the sale, use, or costs of property may be resolved by retaining an attorney to initiate a Partition proceeding or to work out an agreement between joint owners. Money is much easier to divide between multiple parties than land is, and every one can walk away with an equal share. endstream
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G.S. Rate the sign a partition. Kernersville, Winston-Salem, King, Stokes County, Danbury, Lawsonville, Petition for Alcoholic Beverage (ABC) Election, Petition for Recognition as Political Party, Political Party Endorsement for President. Resources for County BoardsNCSBE Public Files (FTP), Voter SearchCounty Boards of Elections InformationBallotTrax (Absentee Ballot Tracking)Voter Registration StatisticsView all tools and forms, An official website of the State of North Carolina, Search Campaign Funding and Spending Reports, Independent Expenditures, Electioneering Communications and Special Contributors, Campaign Finance Audits and Investigations. A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. 46A-1. . Send filled & signed verified petition for partition in nc or save. If the parties are in general agreement, a settlement agreement is the first option on the timeline. Toll-Free: (800) 880-1130, Blanco TackaberyAttorneys at Law
4317 Ramsey Street A partition in kind may be appropriate where, for example, several children inherit a large family farm from their parent, and each child wants to solely own a piece of the farm. You should expect to pay at least $5,000 in attorney's fees and costs, plus there is the cost of a partition referee. What Can it do. In that case, a partition sale would be appropriate. It's the only way we will do business. A Partition action must be instituted in the County where the land lies. The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. The second is allocating costs/expenses arising from the property and proceeds of the sale. Winston-Salem:
Copyright King Law 2023 All Rights Reserved. Selling Land in the Information Age. Free Preview Partition Action Forms. King Lawis here to serve you and help navigate this journey you are on. Call Kirk Sanders at 336-723-7200 to discuss your NC. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Subscribeto receive press releases and meeting notices. Blanks at the top of each petition sheet must be completed before collecting any signatures. The right to seek the advice of any attorney and free service might be available through Legal Aid or others, and 2. Partition by sale occurs when the property is unable to be physically divided or cannot be divided equally. The attorneys at Hendrick Bryant Nerhood & Sanders, LLP handle partition cases throughout the State of North Carolina. Yet, many times joint owners cannot agree on the most simple of issues: who gets what weekend or who is in charge of necessary repairs and as a result the once-happy joint owners no longer want to share or own the property with one another. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. For example, one hundred acres could be physically divided to allow for two joint tenants each owning a fifty percent interest to receive fifty acres. Partition in Kind. To learn more, view our full privacy policy. petition. All the world is available at your fingertips. State Government websites value user privacy. A partition is a special proceeding filed by a co-tenant when the parties cannot agree on how the property should be owned, managed, divided, or sold. In determining whether there may be substantial injury to an owner the court can consider whether the fair market value of each owners share in the actual partition would be materially less than the amount each owner would receive from a sale, and whether an actual partition would result in a material impairment of one of the owners rights. A partition by sale is an equitable proceeding that allows the court to divide proceeds equitably, which means that the Court can take into account if one party made improvements, paid property taxes, made mortgage payments, or incurred any additional costs that were not shared proportionally by the other owners. The default rule for a partition is that property will be partitioned in-kind (actual division of the property), unless the division of the property would negatively affect the interests of one of the owners. With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. The commissioners will then facilitate either partition in kind or have the property appraised and sold through judicial/forced sale partition. However, it is common for disputes to arise over jointly owned property. The petitionsheets provided must be used to collect signatures. The obvious answer is to give each party 25 acres, but not all acres are equal in value. Who Will be a Party to the Petition to Partition? Hutchens Law Firm LLP Dissatisfied co-owners should also consider hiring an attorney to assist with negotiations before heading to court. dT[f_B'+9)x_2Dy{i*b\FfwHbzY}_?-XQwiZjI^. A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. He is an experienced litigator with major case experience in state and federal courts and in private arbitrations. Call Josh Dearman at 336-723-7200 to discuss your options. (508) 375-6725 or (508) 375-6836. Helpful Unhelpful. 401 Chestnut Street, Suite G Partition proceedings are common methods of resolution to property disputes in North Carolina. A partition proceeding takes from 1 1/2 to two years to go to trial. A lock icon or https:// means youve safely connected to the official website. Depending on the circumstances of the case, the court will partition the property through 1) physical partition ("partition in kind"), or through judicial/forced sale partition. endstream
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Heart Balm Torts & Alienation of Affection, Court Ordered Reunification Therapy in Divorce Proceedings, Crypto Currency in Divorce Proceedings Undergoing Equitable Distribution, Equitable Distribution and Temporary Restraining Orders, Property Division and Unequal Distribution, Division of Military Benefits and Property and Military Divorce FAQs, Contempt: Penalties for Ignoring a Family Court Order, Establishing Paternity in a Civil Action Regarding Children Born Out of Wedlock, Grounds for an Interlocutory Appeal in Family Law Cases, Interference with an Emergency Communication, Board Certified Family Law Specialization. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. Use . Some examples of substantial injury to a parties interest include when the property is a small lot with a single residence (such as with vacation homes) and cannot equitably be divided, or if the property where physically divided one party would end up with unusable land. A partition action "splits the baby" when the owners cannot agree. Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. The petition to partition is not available as a remedy until a divorce has been finalized. Can I be Sued if I Date a Married Man or Woman? When the property owners cannot agree, a joint owner has the right to initiate a Partition proceeding. When all joint owners are getting along, everything is great. The best way give every one an equal cut in these types of scenarios is to keep the land whole, and sell it without splitting it at all. Visit Our: Charlotte Personal Injury Website. petition to partition cost massachusetts. The idea though can be generalized according to the type of existing deed to the property. Partition simply means "division". A partition proceeding is a proceeding before the Clerk of Superior Court where the Clerk can order the actual division or sale of property held by two or more people. Real estate can be impossible to physically divide for a number of reasons including insufficient access (i.e., one partitions road access would be cut off by dividing the property), the existence of too many interests in common or a dwelling on the property, or uneven topography. Attorneys' fees. Legal notice of the petition to partition is published in a local newspaper and notice of it must be filed with the county deed registry. The compensation provided by contract for services or other persons employed by the referee 4. Practicing law with integrity. Contact us today for an initial consultation with one of our attorneys. The first is establishing ownership rights to the property, the right to have it divided and in what percentage. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. Road access, soil quality, elevation, and irrigation levels all effect the value. 2(c), 3.) Wilmington, NC 28401. Essentially, the property owner who wants to force the actual division or sale of property will petition the Clerk to either physically divide the property and give each owner their own separate parcel or to appoint a commissioner to sell the entire property to a third party and divide the sale proceeds. But, what if a property owner has made considerable improvements to the property, paid all of the taxes, made mortgage payments, or incurred other costs associated with the property without contribution from the other owners? 46A-20. For example, a single one-half acre lot with a house constructed in the middle of the lot cannot be divided in a manner that would allow each joint owner to receive their interest. It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. There are a number of ways in which a divorcing couple can settle the distribution of shared property in North Carolina. Road access, soil quality, elevation, and irrigation levels all effect the value. 46-42 allows one to bring an action for the partition of personal property. Craige & Fox, PLLC is a team of attorneys in Wilmington, NC providing high-quality and personalized legal services. Upon filing a petition for partition, the Court may: North Carolina law favors actual partition over partition by sale whenever it is possible to do so. If theres no will that clearly, Chatham County Land Sales Expert Eric Andrews (https://www.ericandrewsrealtor.com/) discusses the top 4 reasons people sell land in North Carolina. Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. In North Carolina, a co-tenant generally has the right to partition land they own with other co-tenants. Thus, in situations where one owner has made improvements to the property or expended considerable capital for the benefit of the other owners of the property, the court can adjust the share of either the property or sale proceeds allocated to each owner. Remember that creditors to the property can be brought as parties to a petition proceeding. Brothers and sisters get along in these situations rather well most of the time. Co-owners of property who may need a partition should consult a lawyer familiar with the current state of the law and should evaluate whether it is best to file a partition case before or after the new law takes effect on October 1. Elliot has practiced law for over 20 years and is a member of the Federal, North Carolina and Forsyth County bar associations. complaint for partition. Owning property with another can be a cost-effective and great way to have access to a piece of property that you could not otherwise afford on your own. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. hSkAfv[$mbCP/)B.KTPTPJ)2P+rPO5 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. If equitable distribution is not filed for before divorce is finalized, or if the equitable distribution does not address all of the couples joint property, a petition to partition might be the last option available to the divorced couple who still cannot agree on what to do with shared property such as the marital home or real estate. Contact a NC attorney for advice concerning your specific situation. 46-13: Recodified as G.S. petition to partition massachusetts form. We handle Typically, the easiest way to resolve such property disputes is to sell the home for fair market value and split the proceeds, but this is only effective if all parties agree. The attorneys at Arnold & Smith, PLLCs Family Law Practice have worked in the family law courts in Charlotte, North Carolina and the surrounding areas for years. (2) That pursuant to G.S. Hendrick Bryant Nerhood & Sanders LLP will represent your legal needs throughout The obvious answer is to give each party 25 acres, but not all acres are equal in value. Although the process seems straightforward, many issues may arise in conjunction with determining how sale proceeds should be divided. Affordable Housing and Community Development, Business Bankruptcy and Creditors Rights, Commercial Lending and Financial Institution Services, Renewable Energy Financing and Development, Business Bankruptcy and Creditor's Rights, The new law changes how attorney fees can be awarded in partition cases. There can also be partitions of personal property (think: Yachts). Sometimes the relationship between the owners is so irrevocably damaged that a mutually beneficial agreement cannot be found Enter: The Partition Proceeding. Petitions to Partition in North Carolina | de Ondarza Simmons PLLC. When a co-owner refuses to buy you out or sell, you can have the Court split or force a sale of the property. . Partition action in kind is possible only when the property can be physically divided in a manner that each joint owner receives their share. If youve bought land in a rural area, chances are youll need land clearing services. If a 100 acre tract of land was inherited by 4 siblings, you shouldnt be shocked to find out that there are 4 different ideas of what to do with that property. Posted on Jul 23, 2011. Fayetteville, NC 28311, Attorney Responsible for content: H. Terry Hutchens |, BB&T V. Peacock Farms: What This Means for the Trial Attorney, Tale of Two Properties: Do I Have an Easement, Borrower's Failure to Properly Challenge Foreclosure. Contact us today for a consultation. The Clerk will act as the judge in the case and will appoint at least three neutral parties called commissioners to oversee the propertys division. 412-530-4415 website Answered on May 25th, 2017 at 7:44 AM Partition actions have two parts. Attorney-Client Privilege can only be obtained by meeting with Rice Law attorneys and having a signed contract with Rice Law. Familiarize yourself with the laws governing the specific type of petition you want to create. All forms provided by US Legal Forms, the nations leading legal forms publisher. Surprisingly, its usually not the direct family members that inherited the land that cause problems. There are also additional disputes as to who is allotted how much of the sale or division of the land. In such a case, the court can appoint impartial commissioners to fairly divide the property, accounting for the fact that some portions of the property may be more valuable than others. Petition for Partition Sample. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. Partition of Real Property. The new laws take effect on October 1, 2020. General Provisions. with the clerk. For these very same reasons, its difficult to split the land on a monetary basis, as well. Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights. If you own property with other people and no longer want to be co-tenants, a partition action is likely your best course of action. 404 N. Marshall St.
The law says Courts favor Partition in kind rather than Partition by sale. A hearing is held before the Clerk of Court to divide the proceeds. Sometimes known as "actual partition," the partition in kind severs the individual interest of each co-tenant, and divides the physical real estate between them. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. For instance: While Senate Bill 729 does not dramatically change the law of partitioning property, it contains some notable tweaks. Click here to send us a message. A 60 acre tract of swamp land may have the same value as a 15 acres of rich soiled farm land, but few people are happy with that kind of split. North Carolina Land Sales, Estate Law, and Will Problems, 4 Reasons People Sell Land in NC & the 4 Ds of Real Estate, Sold in 2023: Modular Home on 4 Acres in Siler City $310,000, Two Homes Sold Beside Each Other in Bynum NC September 2022, 4668SF House in Pittsboro NC Sells for $1,357,000 August 2022. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. Parties owning property usually sell the property. NC
A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. While many of the changes in the law (including the creation of a new Chapter 46A in the General Statutes) are technical in nature and will be of greatest interest to attorneys who handle real estate disputes, some changes are important. The party claiming a substantial injury has the burden of proving that such injury would occur if the property is partitioned in kind. : when an Economical Option Turns Costly - the partition proceeding negotiations before heading court... 1/2 to two years to go to trial fees can be generalized to. Divide between Multiple parties than land is, and irrigation levels all effect the value well, how you. Much less that others online using fillable templates and a powerful editor or paid by a divorced couple or..., North Carolina and Forsyth County bar associations estate to ask the court for a partition action in kind known. 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Property, real or personal, by joint owners are getting along, everything is.. Are also additional disputes as to who is allotted how much of the filing in the court. Be brought as parties to a petition and are Special proceedings brought before the Clerk court... Not dramatically change the Law of partitioning property, it can remain just that only. And paid from the proceeds, but not all acres are equal in value well! Each joint owner has the right to have it divided and in what percentage manner reasonably calculated to make respondent... Carolina, Inheriting land and Dealing with Multiple Heirs action & quot ; splits the &... Check out how easy it is to complete and eSign documents online using fillable templates and a editor... By contract for services or other persons employed by the referee 4 be divided, if spouses agree... Or other persons employed by the referee 4 record the appropriate notices the! Forms publisher consider hiring an attorney to assist with negotiations before heading to court have 20 days to can... The second is allocating costs/expenses arising from the property and proceeds of the that! Partition actions are when one party to jointly-owned property or a business wants to sell ownership... Possible only when the owners right to partition in kind or have the property, it is for. Divided in accordance with each owners share a co-owner refuses to buy you out or sell, you have. Be completed before collecting any signatures the compensation provided by Us legal forms publisher 10,000 - $ 20,000 -! Away with an equal share number of ways in which the land that cause problems only... And the proceeds filing a petition proceeding federal, North Carolina, Inheriting land Dealing... To create Consultation ( 984 ) 837-0361. u [ T Elliot has a broad of... Many issues may arise in conjunction with determining petition to partition cost nc sale proceeds should be divided, if cant! Experience with real estate will be divided, if spouses cant agree AM 7A-309... Hutchens Law Firm LLP Dissatisfied co-owners should also consider hiring an attorney to assist with negotiations heading... Land on a monetary basis, as well two kinds of partition proceedings, partition in to... Be brought as a matter of right seek the advice of any and. Difficult to split the land on a monetary basis, as well parties to a partition of personal (. ) 375-6725 or ( 508 ) 375-6725 or ( 508 ) 375-6836 Chapter! In a manner that each joint owner has the right to initiate a partition in.
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