Rule 1560 Property Capable of Division Without Prejudice

When multiple people own a piece of property together, a court can split it up if doing so won't damage or ruin the property's value. The court follows a specific order when deciding how to divide it.

The first choice is to split the property into shares that match each person's ownership percentage. For example, if one person owns 60% and another owns 40%, the court tries to give each person a piece worth that same proportion. If that kind of fair split isn't possible, the court will still try to give each person their own separate piece, even if the pieces aren't equal in value.

If neither of those options works, the court can divide the property into whatever number of pieces makes the most practical sense, even if that number doesn't match the number of owners. The goal is to find the most useful and reasonable way to split things up given the situation.