PARTITION, in law, the division between several persons of land or goods belonging to them as co-proprietors. It was a maxim of Roman law, followed in modern systems, that in com munione vel societate nemo potest invites detineri. Partition was either voluntary or was obtained by the actin communi In English law the term partition applies only to the division of lands, tenements and hereditaments, or of chattels real between coparceners, joint tenants (q.v.) or tenants in common (q.v.). Partition is either voluntary or compulsory, and has been regulated from time to time by various acts of parliament. Since the Law of Property Act, 1925, it applies also to chattels (s. 188). The English acts have been substantially adopted by many of the colonies.
Partition is not a technical term of Scots law. In Scotland all heritable or movable property in joint ownership may at the instance of any of the joint owners be brought to a division, failing consent, by an action of division, in which action failing the practicability of division, the property will be sold judicially and the price distributed among the joint owners. Commonty lands in the perpetual joint use of the commoners as accessories of lands held by them on exclusive titles are also divisible by action. The act of 1695, c. 38, made all commonties, except
those belonging to the king or royal burghs, divisible, on the application of any having interest, by action in the court of session. By the Sheriff Courts (Scotland) Act 1907, s. 5, the action for division of common property or commonty is competent in the sheriff court, but when the subject in dispute exceeds in value 15o by the year, or ii,000 value the action may on the motion of either party be removed into the court of session.
In the United States, "it is presumed," says Chancellor Kent (4 Comm., lest. lxiv.) "that the English statutes of 31 & 32 Henry VIII. have been generally re-enacted and adopted, and probably with increased facilities for partition." In a large majority of the States, partition may be made by a summary method of petition to the courts of common law. In the other States the courts of equity have exclusive jurisdiction. As between heirs and devisees the probate courts may in some States award par tition. The various State laws with regard to partition will be found in Washburn, Real Property.