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Co-owners partition property solely to allot specific portions in satisfaction of their existing…

Ordinary partition allots definite portions against interests the parties already hold in common. The resulting separate enjoyment gives effect to their antecedent title. A…

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Co-owners partition property solely to allot specific portions in satisfaction of their existing undivided shares. What does the partition do in the ordinary law of property?

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Correct answer B

Ordinary partition allots definite portions against interests the parties already hold in common. The resulting separate enjoyment gives effect to their antecedent title. A particular statute may use the term ‘transfer’ in a context that calls for a different analysis.

Option feedback

Option A

The co-owners’ antecedent interests predate the partition.

Option B

An ordinary allotment turns undivided rights into separately enjoyed rights.

Option C

The parties receive separate portions in satisfaction of their existing interests.

Option D

A sale requires ownership to be transferred for a price. The stated allotment separates enjoyment of interests already held.

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