Three siblings inherit a family vacation home as tenants in common. They all wish to terminate their co-ownership without selling the property. Which type of partition should they pursue?
Partition by merger, where the co-owners' interests merge into a single ownership.
Partition by abstraction, a non-recognized legal method of dividing property.
Partition by sale, which involves selling the property and dividing the proceeds among the co-owners.
Partition in kind, which involves physically dividing the property among the co-owners.
Partition in kind involves physically dividing the property among the co-owners, allowing each sibling to take ownership of a specific portion of the property. This is appropriate when the property can be fairly and feasibly divided without requiring a sale. Partition by sale would not be suitable since the siblings do not wish to sell the property. The other options listed are either not recognized legal terms or do not apply to the scenario.
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Multistate Bar Examination
Real Property
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