What occurs if the property is not suitable for physical division in a partition action?

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In a partition action, if the property cannot be physically divided—meaning it is either impractical or impossible to separate it into distinct portions for each owner—the typical legal remedy is to sell the property. The sale proceeds are then divided among the parties in accordance with their respective ownership interests. This outcome is grounded in the principle that all co-owners should be able to realize the value of their interest in the property, even if actual division is not feasible.

This process ensures that the rights of all owners are respected and that they can benefit from their investment in the property. Selling the property avoids prolonged conflicts and provides a fair resolution by turning the asset into cash that can be apportioned. The court usually facilitates this process to ensure that it is handled fairly and in accordance with the law.

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