Property Ownership
In New Mexico, a 'partition action in kind' versus a 'partition by sale' primarily differs in that:
AA partition in kind requires court approval; partition by sale does not
BA partition in kind physically divides the property; a partition by sale forces a sale of the property with proceeds divided✓ Correct
CA partition by sale is only for commercial properties
DA partition in kind is always preferred by courts
Explanation
Partition in kind physically divides property among co-owners. Partition by sale orders the property sold and proceeds split—used when physical division is impractical (like a small urban lot).
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