Partition
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
The dividing of lands held by joint tenants, coparceners or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or coproprietors, Meacham v. Meacham, 91 Tenn. 532, 19 S. W. 757; Hudgins v. Sansom, 72 Tex. 229, 10 S. W. 104; Weiser v. Weiser, 8 Watts (Pa.) 279, 30 Am. Dee, 313; Gay v. Parpart, 106 U. S. 679, 1 Sup. Ct 456, 27 Ik Ed. 256.
— Owelty of partition. See Owelty. Partition, deed of. In conveyancing. A species of primary or original conveyance between two or more joint tenants, coparceners, or tenants in common, by which they divide the lands so held among them in severalty, each taking a distinct part. 2 Bl. Comm. 323, 324.
— Partition of a snceession. The partition of a succession is the division of the effects of which the succession is composed, among all the co-heirs, according to their respective rights. Partition is voluntary or judicial. It is voluntary when it is made among all the co-heirs present and of age, and by their mutual consent. It is judicial when it is made by the authority of the court, and according to the formniities prescribed by law. Every partition is either definitive or provisional. Definitive partition is that which is made in a permanent and irrevocable manner. Provisional partition is that which is made provisionnily, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition. Civ. Code La. art. 1293, et seq.