Illinois Real Estate Practice Exam

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What legal action can a co-owner take to compel the division of respective interests in jointly owned property?

A. Disjunction
B. Division Action
C. Severance Suit
D. Partition

The correct answer is: D. Partition

The legal action that a co-owner can take to compel the division of respective interests in jointly owned property is referred to as partition. A partition is a court-ordered division of property among co-owners, which can occur when the owners cannot agree on how to manage or dispose of the property. The court can either physically divide the property (in kind partition) or sell the property and distribute the proceeds (partition by sale), depending on what is most equitable. This process is particularly important in real estate situations where joint ownership may lead to disputes over usage, income, or maintenance responsibilities. Partition allows co-owners to resolve their interests and provides a legal avenue to ensure fair treatment. It serves as a mechanism to protect each co-owner's investment and ensure that their rights are upheld, enabling them to regain control over their respective shares of the property.