§ 872.710.Partition As to Concurrent Interests; Successive Interests

This is where the court decides the core question of the case: does the plaintiff get to partition at all? Subdivision (a) puts that determination at trial. The answer depends heavily on what kind of ownership is involved.

For concurrent interests -- co-owners holding title at the same time, the typical partition scenario -- subdivision (b) treats partition as a right. Unless the parties validly waived that right (by agreement, for instance), the court doesn't weigh equities to decide whether partition should happen; it's presumed to be available, subject only to the manner-of-partition questions § 872.810 and following resolve later.

For successive estates -- a life estate followed by a remainder, for example -- subdivision (c) takes a different approach. Partition is allowed only if it's in the best interest of all the parties, and the court weighs a list of equitable factors: whether the possessory interest has become unduly burdensome from taxes or other charges, the expense of ordinary or extraordinary repairs, the property's character and any change in that character since the estates were created, the circumstances surrounding the estates' creation and any change in those circumstances since, and anything else a court of equity would consider, keeping in mind both the creator's intent and the needs of the successive owners. That more demanding standard reflects the reality that forcing a sale of a future interest can seriously disrupt what the original owner intended.