Judicial Partition Law and Legal Definition
Judicial partition is a compulsory partition in action by which co-owners of property cause it to be divided into as many shares as there are owners. If the division of the property cannot be done equitably, the property is sold for the best obtainable price and the proceeds distributed. Judicial partition means partition through the medium of a judicial proceeding. [Lasseigne v. Baker, 924 So. 2d 1074 (La. Ct. App. 2006)]. Judicial partitions occur when the co-owners do not agree for a voluntary partition. A party interested in a judicial partition must file a partition lawsuit. Courts generally allow partition even if every other owner objects to it. If the property cannot be split apart and allocated to give each tenant a portion without spoiling the whole property, the court will proceed with state law in arranging a sale of the property. A court master is normally assigned to carry forward the partition action. It is also called compulsory partition. The court may award three kinds of partition: a. Partition in kind; b. Partition by allotment; or Partition by sale.
To maintain a partition action, there should be co-ownership over the property. A property cannot be partitioned unless its title has been clearly established. Any person who is a co-owner of a property can bring a partition action. However, the person initiating a partition action should have actual or constructive possession of the property. Partition actions cannot be initiated by parties who have a future interest in the property. All co-owners of a property should be included in a partition suit.
