Chris, Aaron, and Kyle own 20 acres of farmland as tenants in common. They would like to have the property divided into separate ownerships. They have agreed upon how the property should be divided. Can they do this? What is the process called, and what is the easiest way to accomplish the division?

Question

Fill in the blank(s) with the appropriate word(s).

Answer 1

The process of dividing tenancy in common property into separate ownerships is called partition. If the owners are agreeable to the division, the easiest way to do it is to have the property that is to be divided surveyed to obtain three separate parcels with a legal description for each. A deed would then be prepared for each parcel with all three owners as the grantors and the partitioned owner as the grantee. For example, for the partitioned property that Chris is to become the sole owner of, the deed would be prepared with Chris, Aaron and Kyle as the grantors and Chris as the grantee. The deed would be signed by the grantors and delivered to Chris.