Who has the right to bring a partition claim?

A partition claim is a legal action taken when co-owners of property wish to divide their interests in the property. This type of claim is typically associated with joint tenancies and tenancies in common, which are forms of co-ownership where two or more parties hold an undivided interest in the property.

The right to bring a partition claim specifically belongs to joint tenants or tenants in common because these individuals hold shared ownership and, as such, have the legal standing to seek a division of the property. This legal avenue allows them to resolve disputes regarding the property, determine their respective shares, or even convert the property into cash through a sale if physical division is impractical.

Property owners in general, those listed in the deed, or only the mortgagee do not possess the same right to initiate a partition claim as joint tenants or tenants in common do. For example, owners who do not have a shared interest cannot seek partition, and a mortgagee (lender) typically does not acquire the same co-ownership rights that would allow them to bring forth such a claim. Thus, the specific co-ownership rights of joint tenants and tenants in common directly underpin their exclusive entitlement to file for a partition.