What does partition mean?

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What does partition mean?

My dad and his 2 sisters are on the deed to my grandmother’s house. The girls tried to sell it witbout telling my dad, now they are threatening to petition the court for partition. My dad does not want to sell. Can they make him sell?

Asked on May 11, 2011 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To partition something is to split it up in to pieces.  In an action for partition a joint owner of some asset - bank account, real property, etc., - ask the court to split the asset evenly amongst the owners.  With a bank account that is easy to do.  With real property it is not so easy, as the court can not split up the house between you.  So what happens in reality is that the Court orders the house sold and the proceeds split amongst the owners. May I suggest that your Father speak with an attorney and discuss negotiating a purchase of the house from his 2 sisters?  Otherwise he might find himself where he does not want to be: without the house.  Good luck.


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