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LSDefine
Simple English definitions for legal terms
definitive partition
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A quick definition of definitive partition:
A definitive partition is a way of dividing property that cannot be changed. It is often used when two or more people own property together and want to divide it into separate parts that they each own individually. This is different from a provisional partition, which is a temporary way of dividing property. In Louisiana, a partition of succession is the division of an estate among the heirs of someone who has died without a will. In the oil and gas industry, an undivided mineral interest can be divided through a voluntary agreement or judicial action.
A more thorough explanation:
A definitive partition is a type of partition that is irrevocable. A partition is something that separates one part of a space from another. In legal terms, it refers to the division of real property held jointly or in common by two or more persons into individually owned interests.
For example, if two siblings inherit a house from their parents, they may decide to divide the property into two separate parts, with each sibling owning one part. This is a definitive partition because it is a permanent division of the property that cannot be undone.
Another type of partition is a provisional partition, which is a temporary partition often made before the remainder of the property can be divided. An example of this would be if the siblings mentioned above agreed to temporarily divide the house into two parts until they could decide on a more permanent solution.
In Louisiana law, there is also a partition of succession, which refers to the division of an estate among an intestate's heirs. This is another example of a type of partition.
Overall, a definitive partition is a permanent division of property that cannot be undone, while other types of partitions may be temporary or provisional.