Partnership Lawsuits v. Partition Lawsuits

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Real estate litigation attorneys are often asked the difference between a partnership dissolution lawsuit and a co-owner lawsuit for partition.

The legal response is that a partnership interest is a personal property interest while a co-owner has a real property interest. Business lawyers may understand this distinction but a client will usually not.

Business litigation clients will more easily understand the issue by looking at title to the property: Is title held in the name of the partnership (in which case the client does not own an interest in the property) or is title held in the name of the individual co-owners (making them tenants-in-common and giving them, usually, a right to partition)?

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