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It is not uncommon that two or more people will choose to be joint owners of real property and then somewhere along the line for some reason at least one owner seeks action to partition the property. Whether the joint owners are in dispute, or one party simply wants to cash out on the property, a partition is needed to make sure the property is divided fairly. This article walks you through different types of partition and their respective processes.

What is a Partition

A ,real property partition in general is similar to a divorce action in which property is split between joint owners of property, except a partition is related only to real property and no personal property. A real property partition requires court action to determine each parties’ interest and contribution to the property, both at the time the property was purchased, and the contributions made throughout the ownership.

A court determines the amount of each parties’ interest in the land and divides it equitably amongst them. It’s important to know the difference between the meanings of equitably and equally. Equally would simply mean the property is split 50/50, which arises only when the property is in joint ownership. An equitable division is based on the parties’ respective contributions and that is used to portion out the land’s value, which varies with each partition action. Primary aspects considered include who paid what to purchase the land, who paid for improvements, who paid for taxes, and who paid for general maintenance of the property.

Partition in Kind

A partition in kind is the classic example of a partition. Imagine two siblings sharing a bedroom with a line of tape creating a border in the middle of the room. That is essentially what a partition in kind does. This form of partition is a physical division of the property, giving each owner their own portion that is proportional to their contribution to the land. While it seems simple, a partition in kind is not always practical. If the property in dispute is a large piece of land, it may be easier to divide it and leave each owner with their share. But, if the property includes a home, a building, or other structure, it would not make much sense to use a partition in kind as a solution. Thus, there is a second option by which a property shared by multiple owners can be partitioned.

Partition by Sale

As revealed by the name, this form of partition results in at least one party wishing to sell their interest in the land. If the land is owned through joint tenancy, then the partition action separates joint tenancy into tenancy in common. This division involved the calculation of each parties’ respective interest as described above. Once the property’s interest is divided equitably, the owner wishing to sell can only sell his share of the property and receive whatever funds he can for it. If the other party or parties do not wish to sell their share, they then hold the entire land in common with the new owner. The other owner can also opt to buy the land and become the sole owner.

If there is a property dispute over the use of the land, sometimes a partition by sale will simply be the sale of the entire property, and the proceeds are divided equitably amongst the owners. A partition by sale is most common in New York because if there is a building on the property, it would be difficult to divide the structure and have disputing owners each stay on it and get along.

Whether the idea to partition the land arises from a dispute, or it is a mutual decision, it is important for the parties to have real estate lawyers help them reach an agreement to the division of the property. Real Estate attorneys will ensure their clients are receiving their fair share of the property according to their respective contributions.

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The 2019 March of the Living takes place from April 28 – May 13, 2019.

Sign up today to participate with Miami in the 31st March of the Living: www.caje-miami.org

Miami’s Leo Martin March of the Living is an identity-building program for high school seniors that uses Poland and Israel as a platform to study the history of the Holocaust and examine the roots of prejudice, intolerance, and hatred.

This identity building opportunity begins with a six-month journey with monthly educational sessions in Miami, culminating in a two-week international experience where teens from around the world come together to bear witness to the destruction of the Holocaust in Poland and then travel to Israel to rejoice in the Jewish Homeland. The program commemorates Yom HaShoah [Holocaust Memorial Day] marching from Auschwitz to Birkenau and celebrates Yom HaAtzmaut [Israel’s Independence Day] in the land of Israel.

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Jewish Film Festival: "The Making Of A Martyr"

Interviews with active terrorists show the horrific child-abuse in Muslim culture in which Palestinian children are indoctrinated and encouraged to become suicide bombers out of hatred for Jews and Israel. Produced by Brooke Goldstein & Alistair Leyland in 2006. Tonight (Sunday) - 9pm & Midnight; Friday - 9pm & 4am

Immigration Conundrum

Elizabeth Collier (Dominican University), and Rabbi Rachel Grant Meyer (HIAS) discuss the tension between U.S. border control and compassion for refugee seeking a haven in America. A program of AJC & IONA College at Iona College, New Rochelle, NY. Monday - 7:30pm & 1am; Wednesday - 1:30 pm

L'Chayim: Slave-Trade Survivor

Francis Bok, kidnapped at the age of seven in Sudan and held as a slave for ten years, shares the details of his harrowing story, describes his fight together with Charles Jacobs against black-on-black slavery in the Muslim world, and explains why he supports the right of the Jewish People to the State of Israel. Wednesday - 9pm & Midnight; Thursday - 3pm; Next Sunday - Noon & 6pm

L'Chayim: Mike Burstyn's "Azimuth"

Mike Burstyn, star of stage, screen and Yiddish theater, talks about his theatrical journey, his feelings for Israel, and his first feature film (Writer/Director) "Azimuth" - about an Israeli and Egyptian soldier after the 6-Day War. Today (Sunday) - Noon & 6pm; Monday - 3pm

A Refugee's Memoir

Peace activist and author Mohammed Al Samawi (author of "Fox Hunt"), discusses the struggles, risks, and dangers of being a Muslim in the modern era. With AJC Board Member Daniel Pincus, an AJC Westchester/Fairfield event at Shaarei Tikvah, Scarsdale, NY. Tuesday - 8pm & 1am ; Wednesday - 2pm; Thursday - 10pm & 2am; Saturday - 8pm & 1am

92nd Street Y: The Films of Mel Brooks

Professor Jeremy Dauber discusses the impact and significance of many of the classic films written by Mel Brooks. From the 92nd Street Y in New York City. Tonight (Sunday) - 7:30pm & 2am; Monday - 10pm & 4am; Wednesday - 10:30am; Friday - 8pm & 1am; Saturday - 3pm

Mosab Hassan Yousef

Mosab Hassan Yousef, son of the Hamas leader on the West Bank who came to realize the truth about Israel and became a Mossad agent, describes the reality of Palestinian culture and elements of Islam which threaten Western civilization. Tonight (Sunday) - 10pm & 1am

Talmud: On Treating Gentiles

Rabbi Mordechai Becher (Senior Lecturer, Gateways) discusses what the Torah, Talmud, and various rabbinical sources teach about the relationship between Jews and Gentiles and the Jews' responsibility to other peoples of the world. On the original JBS series, "Dimensions of the Daf." Today (Sunday) - 9am; Tuesday - 9am & 4:30pm; Thursday - 7pm & 4am

Jewish Film Festival: Six Days in June

In the documentary "Six Days in June," co-writer/director Ilan Ziv tells the story of the days leading up to the 6-Day War of 1967, of Israel's decisive victory; and of the dramatic consequences of the war upon the history of Israel and the Middle East. Tuesday - 1pm

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This Shabbat, 6/23 at 4 p.m., NCJW Miami will be praying with our feet in Homestead, FL. We will be marching to keep families together, and to stop the detention camps.

Logistics: DATE: Saturday, June 23, 2018 TIME: 4 p.m. LOCATION: Corner of 288th Street and 137th Avenue, Homestead, FL

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Inter-American Chapter of Hadassah

                                        Join Hadassah as it proudly honors the
                              Cuban Heroes of the Israel War of Independence

                                     Sunday, July 29, 2018 at 12:30 Noon

Miami Shores Country Club - 10000 Biscayne Boulevard - Miami Shores, FL 33138 - Complimentary Valet Parking

Special attendance by Lior Haiat, Counsul General of Israel

Dairy Brunch Buffet $75 - $65 if check received by July 15th - Complimentary Mimosas and Bloody Marys

RSVP by July 15th - Your check is your reservation - Please mail check to: Inter-American Chapter of Hadassah - PO Box 546166 - Surfside, FL 33154

There’s a lot going on in the world and we bet you have a lot to say about it! Would you like to meet new people and discuss what is going on in the world? You may discuss local, national or global events and trends. Bring in newspaper and magazine stories that you would like to share for some lively discussions. No charge.

Date: June 18, 2018
Time: 10:00 am - 12:00 pm

Futernick Family Art Gallery, Building #4
11155 SW 112 Avenue
Miami, FL 33176

Contact: Ilene Primack
Phone: 305.271.9000, x264
Email: [email protected]

This special event is exclusive to MJFF Next Wave Members. To become a Member and enjoy the best of cinema year-round visit www.miamijewishfilmfestival.org/membership/next_wave

With shades of Charlie Kaufman, Jordan Peele, and Jonathan Swift, Sorry to Bother You brings surreal flair, dazzling originality, and a scathing lampoon of societal mores. Losing faith in his persuasive skills, telemarketer Cassius Green takes a co-worker's advice and finds that he suddenly has a gift for selling that elevates him to the executive echelon -- where he discovers the chilling secret of his bosses. Starring Tessa Thompson, Steven Yuen, and Danny Glover, with music by The Coup and Tune-Yards.

June 28, 2018 at 7:30 PM
AMC Sunset Place

5701 Sunset Dr South Miami, FL 33143

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