What types of owners can file for partition?

• A. Owners of Tenants in Common (TIC) and Joint Tenants with the Right of Survivorship (JTWROS) can file for partition.
• B. Sole Proprietors
• C. Fee simple owners only
• D. Property managers

Answer: (A)

Partition is a legal remedy for co-owners who hold an undivided interest in real property and want to end their shared ownership by dividing the property or forcing a sale. Only those who own the property together — such as Tenants in Common and Joint Tenants with Right of Survivorship — have grounds to file for partition, because they each hold a distinct, undivided interest in the same parcel.

Sole proprietors or owners who hold title in fee simple by themselves do not have co-owners to partition, so they wouldn’t file for partition. A property manager isn’t an owner and therefore wouldn’t file a partition on their own behalf. Partition can result in either a physical division of the land (if feasible) or a sale with proceeds distributed according to ownership interests.