When does it arise?
When property is co-owned and the co-owners cannot agree on division, any co-owner may seek a partition order from the magistrate court of peace. The most common scenario is real estate inherited from a parent.
It is not a "right" but a request: any co-owner can file at any time. Other co-owners cannot block the case but may seek physical division instead of sale.
Physical division or sale?
The court first investigates whether physical division is feasible — that the property be divisible, that each co-owner receive an adequate share and that value not be substantially diminished. Otherwise, the court orders division by sale.
On a sale order, a sale officer is appointed and the auction is run. Third parties may bid; co-owners must be alert to use their statutory pre-emption right.
Practical advice
Before filing, a settlement protocol among co-owners often produces a faster, less costly result — particularly within families.
Settlement remains possible after filing; courts generally support such co-owner agreements.