Property Law For Dummies by Alan R. Romero

Author:Alan R. Romero
Language: eng
Format: epub, pdf
Publisher: Wiley
Published: 2013-01-01T16:00:00+00:00

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Partitioning future interests

Cotenants who share the present right to possess have the right to bring a partition action. Co-owners of leased property also may partition the reversion. Co-owners of other future interests can seek judicial partition only if a state statute authorizes it. Some states have statutes that allow co-owners of indefeasibly vested remainders to partition. (Remainders are the future interests that follow life estates; see Chapter 9 for details.)

The partition of a future interest can’t change the rights of the owner of the present possessory estate. So the partition action only partitions the property prospectively for the owners of the future interest. Of course, the owner or owners of the present estate could agree to participate in the partition.

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