Partition Remedy to The Holders Of Future Interests

Is the partition remedy available to holders of future interests?

Team Legistify

A future interest in real property will arise sometime in the future as for example, after the death of a life tenant or upon the distribution of the property from a trust that will occur upon the happening of some future event. As a matter of law, the partition remedy is available to the holder of a future interest, but there are many practical impediments the most important of which is the valuation of the future interest. A court hearing a partition action is acting in equity and hence has broad discretion whether to impose the partition remedy. However, as a general rule, holders of future interests will not be successful in obtaining the partition remedy.


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Tags: Partition Ancestral Property Division

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