Legal Definitions - pro diviso

Pro diviso is a Latin legal term meaning "as divided." It refers to a situation where property that was previously owned jointly by multiple people is physically separated, and each former co-owner now holds exclusive ownership of a specific, distinct portion of that property. Essentially, it describes the outcome of a partition where shared ownership is converted into individual, separate ownership of a defined part, rather than continuing as shared ownership of the whole.

Here are some examples to illustrate the concept of pro diviso:

• Example 1: Dividing a Family Estate

  Imagine two siblings, Sarah and Tom, who jointly inherit a large, undeveloped plot of land from their parents. Instead of selling the entire property or continuing to own it together, they decide to physically divide it. They hire a surveyor to create two distinct, equally sized parcels, and then legally transfer ownership so that Sarah exclusively owns Parcel A and Tom exclusively owns Parcel B. This division of the land, resulting in each sibling having sole ownership of a specific, defined portion, is an example of a pro diviso partition.

• Example 2: Business Partners Separating Assets

  Consider two business partners, Maria and David, who jointly own a commercial building that houses their separate but related businesses. As their partnership evolves, they decide it would be more efficient for each to own their operational space outright. They agree to physically subdivide the building, creating two separate units with independent entrances, utilities, and legal descriptions. After the subdivision, Maria becomes the sole owner of Unit 1, and David becomes the sole owner of Unit 2. This transformation from joint ownership of the whole building to individual ownership of distinct, divided units is a pro diviso arrangement.

• Example 3: Court-Ordered Property Division

  Suppose two individuals, Alex and Ben, co-own a large rural property as tenants in common, but they have a falling out and cannot agree on its use or sale. Alex wants to build a house, while Ben wants to preserve it as wilderness. They petition a court for a partition. If the court determines that the property can be fairly and practically divided without significantly diminishing its value, it might order a partition pro diviso. The court would then instruct a surveyor to create two separate parcels, and award one parcel exclusively to Alex and the other exclusively to Ben. This court-ordered physical division, leading to each party owning a specific, separate part, is a classic application of pro diviso.