Laura and Mike own a commercial property as tenants in common, each holding a 50% interest. Laura wants to exit the partnership and seeks to partition the property. Which of the following is the most appropriate remedy the court is likely to grant?
Deny the partition action due to challenges in partitioning commercial properties.
Order the sale of the property and divide the proceeds between Laura and Mike.
Allow Laura to transfer her interest to a third party without Mike’s consent.
Order the physical division of the property, allocating specific areas to Laura and Mike.
The correct answer is to order the sale of the property and divide the proceeds, as physical division of commercial property is typically impractical. Partition in kind is rarely feasible for commercial properties due to their indivisible nature.
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What is a 'partition' in property law?
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Why is partition in kind rare for commercial properties?
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Can one co-owner transfer their interest unilaterally in a tenancy in common?
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Multistate Bar Examination
Real Property
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