8.3 Voluntary Partition
| Library | Real Estate Practice Deskbook (2019 Ed.) |
III. (§8.3) Voluntary Partition
Voluntary partition occurs when all the cotenants divide their property without resort to legal action. As a result, each former cotenant of the partitioned property becomes the sole owner of a portion of the property. Snyder v. Elliott, 71 S.W. 826, 828 (Mo. 1903). If an equal division of the property cannot be made, monetary payments, called "owelty," can be made to certain cotenants receiving less valuable portions of the property. If the cotenants cannot agree on how to divide the property, they may agree to sell it and divide the proceeds.
Any...
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