
[Middle English particioun, from Old French partition, from Latin partītiō, partītiōn-, from partītus, past participle of partīre, to divide, from pars, part-, part. See part.]
partitioner par·ti'tion·er n.If a substance is in contact with two different phases then, in general, it will have a different affinity for each phase. Part of the substance will be absorbed or dissolved by one and part by the other, the relative amounts depending on the relative affinities. The substance is said to be partitioned between the two phases. For example, if two immiscible liquids are taken and a third compound is shaken up with them, then an equilibrium is reached in which the concentration in one solvent differs from that in the other. The ratio of the concentrations is the partition coefficient of the system. The partition law states that this ratio is a constant for given liquids.
To divide a resource or application into smaller pieces. See partition, application partitioning and PDQ.
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noun
verb
Definition: divider, division
Antonyms: attachment, juncture, union, unity
v
Definition: divide, separate
Antonyms: attach, combine, join, unite
Attempt to resolve political disputes through the drawing of territorial boundaries. Ireland and India were both partitioned by the British rulers upon the granting of Independence, leading to the creation of Northern Ireland and Pakistan. In both cases the drawing of the boundaries was contentious—since the religious groups that partition was meant to separate did not conform to compact geographical areas—and rather than resolving the underlying disputes can be seen to have exacerbated them. The island of Cyprus was partitioned after a conflict between Greece and Turkey in 1974.
— Alistair McMillan
1. A dividing wall within a building; may be bearing or non-load-bearing.
2. In sound-transmission considerations, any building component (or a combination of components), such as a wall, door, window, roof, or floor-ceiling assembly, that separates one space from another.
Any division of real property or personal property between co-owners, resulting in individual ownership of the interests of each.
The co-ownership of real and personal property can have many benefits to the parties. But when there is discord and the owners cannot agree on the use, improvement, or disposition of the property, all states have laws that permit the remedy of partition.
Most cases of partition involve real property. Persons can own property as tenants in common or joint tenants. As common owners of the property, they have equal rights in the use and enjoyment of the property. Partition statutes allow those who own property in common to sever their interests and take their individual share of the property.
Partition may be either voluntary or compulsory. Voluntary partition is when the cotenants (owners) divide the property themselves, usually by exchanging individual deeds. Each co-owner owns a part of the property and ceases to have an undivided interest in the whole. The parties can also provide for the sale of the property and divide the proceeds among themselves.
When the co-owners cannot agree on the value of the property and their rightful shares, they may select a disinterested third person, such as an arbitrator or an appraiser, to divide the property and to allot the shares. A voluntary partition by all the co-owners is legally effective unless there is a contractual challenge to its recognition. These challenges include allegations of fraud or unconscionability, or the allegation that the parties are seeking to defraud a third party by agreeing to the partition.
When the co-owners cannot agree to a voluntary partition, a lawsuit to compel partition can be filed to sever property interests. Unless there are exceptional circumstances, a tenant in common or a joint tenant has the absolute right to seek a compulsory partition. Partition must be made even if every other owner objects to it. The motives of the party seeking partition are irrelevant, and the court that hears the lawsuit has no discretion to deny partition. Its main function is to determine the method of executing the partition. Commonly the court will order the property sold and the proceeds divided, instead of ordering a physical partition of the property. If the title to the property is put into issue, most states permit the court to resolve this issue as well as the partition.
Both real and personal property can be subject to compulsory partition. Real property that can be subject to partition includes a building, a story of a building, the land on which a building rests, or the surface of land where there is an oil or gas lease.
Similarly, personal property can be subjected to compulsory partition. The fact that the property is owned in unequal shares does not affect the partition. The right has been enforced with respect to a cashier's check payable jointly to those who share a tenancy in common, promissory notes, shares of stock in a corporation, and stocks of merchandise.
See: joint tenancy.
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2008) |
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition its/their land by entering a Deed poll (sometimes referred to as "carving out").
There are three kinds of partition which can be awarded by court: partition in kind, partition by allotment, and partition by sale. A partition in kind is a division of the property itself among the co-owners. In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded. Partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants. Generally, the court is supposed to order a partition sale only if the land cannot be physically divided, although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece. See Delfino v. Vealencis, 436 A.2d 27 (Conn. 1980).
A provision in a deed completely prohibiting partition will not be given effect, but courts will enforce a provision that temporarily restricts partition, as long as the restriction is reasonable.
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The Ontario Partition Act, R.S.O. 1990, c. P.4, states:
Florida provides for partition actions by statute, which basically provides that any co-owner of real estate may seek partition.[1] In Florida, there are basically no defenses to a partition action, other than if the parties have agreed not to partition the real estate.[2]
-- Property divided under Rule 1560(a) shall be awarded to the parties according to their respective interests.
-- A master who is appointed by the court shall make such examinations and hold such hearings as may be necessary, giving reasonable notice thereof. The master may employ appraisers and, with the authorization of the court, such other experts as are necessary to enable the master to perform his or her duties.[3]
-- The court shall permit the shares of any two or more co-tenants to remain undivided between them if they so elect by writing filed within such time as the court or master shall direct.
-- Parties defendant owning a majority in value of the property may object in writing to any sale, requesting that the property be awarded to them at its valuation fixed by the court and that their interests in the same remain undivided. Upon such request the entire property shall be awarded to the parties objecting to sale, as tenants in common, subject to payment to the parties desiring partition and sale of the amounts of their respective interests based upon the valuation. The amounts due the parties shall be charged as liens upon the property, to be paid in such manner and time as the court shall direct.
Partition Example: In D’Arcy v. Buckley, 71 Bucks Co. L. Rep. 167 (1997), two persons purchased property as joint tenants with right of survivorship. The Plaintiff contributed five times more than the Defendant toward the purchase price. In a partition action, the Plaintiff sought credit for the full amount of his superior contributions. The Court held that, in the absence of fraud, the working of the deed operated to convey a one-half interest to each of the two joint tenants. The decision relies the authorities of Masgai v. Masgai, 460 Pa. 453, 333 A.2d 861 (1975) and DeLoatch v. Murphy, 369 Pa. Super. 255, 535 A.2d 146 (1987). The Plaintiff argued, to no avail, that he did not intend to make a lifetime gift to defendant.
A party seeking a partition must file a partition lawsuit. If the property cannot be split apart and allocated to give each tenant a portion without spoiling the whole, the court will proceed with state law in arranging a sale of the property. A court master commonly is assigned to carry forward the partition action.
Tenants in Common (TIC) deeds may or may not be taken in equal shares, but a Joint Tenants with Rights of Survivorship (JTWROS) deed must always be taken in equal shares unless specifically and clearly indicated otherwise in the deed language. Therefore, a partition action for those two types of deeds will vary.
When a JTWROS property is partitioned, the proceeds must be divided equally among tenants without regard to contribution to purchase price since a JTWROS deed is always taken in equal shares. So with a JTWROS, contributions to purchase price is not an issue during partition. Otherwise, the premise of a JTWROS deed would be invalid and its purpose would be defeated. On the other hand, when a TIC property is partitioned, courts may be at liberty to consider unequal contributions to purchase price and adjust the tenants' distributions accordingly.
In either partition situation, tenants may request credits for unequal contributions to expenses incurred after taking deed to the property. Such credits may cover utility and maintenance expenses, and are allocated according to shares. Credits for improvements to the property may be granted if the improvements actually increased the value of the property.
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Dansk (Danish)
n. - deling, del, skillevæg
v. tr. - dele, opspalte
Nederlands (Dutch)
tussenschot, verdeling, deel, verdelen
Français (French)
n. - cloison, (Pol) partition, (Jur) morcellement
v. tr. - (Pol) diviser, partager, (Jur) morceler
Deutsch (German)
n. - Trennwand, Abteilung, Teilung
v. - teilen, unterteilen
Ελληνική (Greek)
n. - διανομή, κατανομή, διαμελισμός, τεμαχισμός, διχοτόμηση, (οικοδ.) μεσότοιχος, χώρισμα
v. - χωρίζω σε μέρη, διχοτομώ
Italiano (Italian)
dividere, spartire, tramezzo, parete divisoria, divisione, partizione
Português (Portuguese)
n. - divisória (f), separação (f), partilha (f)
v. - dividir, distribuir, separar
Русский (Russian)
перегораживать, разделять, перегородка, разделение
Español (Spanish)
n. - tabique, pared medianera, partición, división, separación
v. tr. - dividir, partir, repartir
Svenska (Swedish)
n. - delning, avdelning, fack, skiljevägg, avbalkning
v. - dela, avskilja
中文(简体)(Chinese (Simplified))
分割, 瓜分, 划分, 区分, 隔开
中文(繁體)(Chinese (Traditional))
n. - 分割, 瓜分, 劃分
v. tr. - 區分, 分割, 隔開
한국어 (Korean)
n. - 분할, 칸막이, 가르기 (다수의 프로그램을 동시에 수행시키기 위해 주기억장치를 몇 개의 구역으로 나눈 것)
v. tr. - 분할하다, 구분하다, 칸막이하다
日本語 (Japanese)
n. - 仕切ること, 分割, 仕切り, 第二段, 仕切, 区画
v. - 仕切る, 分割する
idioms:
العربيه (Arabic)
(الاسم) تجزئه, جزء, قاطع, حاجز (فعل) يقسم, يجزئ
עברית (Hebrew)
n. - מחיצה, חיץ, חלוקה
v. tr. - הפריד במחיצות, חילק, חצץ
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