What is the legal procedure to divide co-owners' interests in real property?

The correct legal procedure to divide co-owners' interests in real property is known as partition. Partition refers specifically to the process whereby co-owners of property seek to divide their interests so that each owner has distinct ownership of their share. This can be achieved through an agreement among the owners or, in the absence of such an agreement, through a court action.

In the context of partition, there are typically two types: partition in kind, where the property is physically divided into separate sections for each owner, and partition by sale, where the property is sold and the proceeds are distributed amongst the owners based on their interests. This legal procedure ensures that each co-owner can either individually use or benefit from their share of the property, thereby resolving any disputes related to ownership and use.

The other options do not specifically address the division of interests among co-owners. A deed is a legal document that transfers ownership of property but does not inherently involve dividing interests. Transfer refers to the act of moving legal title or interest from one person to another, which can apply in various contexts but isn’t specifically about the division of interests among co-owners. An encumbrance relates to a claim against a property, such as a mortgage or lien, which does not address