Partition by sale definition

Partition by sale means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under
Partition by sale means a court-ordered sale of
Partition by sale means a court-ordered sale of the entire heirs

Examples of Partition by sale in a sentence

  • In Kind: physically divide the land among tenantsBy Sale: sell the land and divide the proceeds among the tenantsIn Kind (MAJORITY) Traditional- Partition in kind is favored b/c it is the fairest methodRationale: Partition by sale could force someone to leave their property, limiting, or destroying one’s right to possession and alienate “sticks”.POLICY: Partition in kind is favored over by sale.

  • Some examples are:• Land consolidation options for landowners,• Partition by sale of Indian lands,• Continuation and expansion of the federal "buy back" program, and• Greater flexibility for landowners to consolidate and acquire interests during the probate process.

  • Partition by sale is favored over partition in-kind and the burden is on the party requesting partition in-kind to show that partition in-kind is equitable and practicable.

  • Partition by sale ROFR or buy-out right granted to tenants in common if a co- tenant seeks.


More Definitions of Partition by sale

Partition by sale means a court-ordered sale of the entire heirs property, whether by
Partition by sale means a court-ordered sale of property subject to partition.
Partition by sale means a court‑ordered sale of the entire heirs’ property, whether by auction, sealed bids, or open‑market sale, conducted under Section 15‑61‑400.
Partition by sale means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open market sale conducted under section 110 of this act.
Partition by sale means a court-ordered sale of the entire heirs’ property, whether by auction, sealed bids, or open-market sale, conducted under Section 15-61-400.
Partition by sale means a court-ordered sale of 1-58 the entire heirs ’ property, whether by open-market sale, sealed 1-59 bids, or auction conducted under Section 23A.010.
Partition by sale means a court-ordered sale of the entire heir property,