Section 16 Division or Sale of Property
| Library | Real Estate Fundamentals 2011 |
The court must also determine whether the property is to be partitioned in kind or whether it is to be sold and the proceeds divided. A division in kind is mandated unless it will result in great prejudice to the owners. Rules 96.01, 96.11, and 96.18. The test for whether partition in kind will result in great prejudice to the owners is whether the value of each owner’s share of property will be materially less than the share of money each owner could probably obtain from sale of the whole. First Nat’l Bank...
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