Themis Essay 4863

Question 1

A tenant in common or joint tenant generally has the right to

Answer 1

unilaterally partition the property.

Question 2

A tenant by the entirety does not have the right to

Answer 2

unilaterally partition the property.

Question 3

Property can be partitioned either

Answer 3

(i) voluntarily (if the co-tenants agree in writing on the division of land); or
(ii) involuntarily (by court action).

Question 4

Upon the divorce of the owners of property held in a tenancy by the entirety, the ownership of the property is

Answer 4

converted into a tenancy in common.

Question 5

Generally, a court favors partition in kind of

Answer 5

jointly owned property.

Question 6

In a “partition in kind” action, the court

Answer 6

divides the jointly owned property into distinct physical portions.

Question 7

If physical division of the property is not practicable or fair in a partition in kind, the court may

Answer 7

order a petition by sale and distribute the proceeds.

Question 8

Generally, a co-tenant does not have a right to

Answer 8

reimbursement for improvements made to the property.

Question 9

Upon partition of the property, a court may

Answer 9

allocate the proceeds from the sale of the property to compensate the co-tenant for the value of improvements made.