Property Ownership
In Texas, a 'partition in kind' versus a 'partition by sale' in a co-ownership dispute refers to:
ADifferent ways to divide the purchase price
BPartition in kind physically divides the property; partition by sale forces a sale with proceeds split among co-owners when physical division is impractical✓ Correct
CDifferent court procedures for filing the partition lawsuit
DWays to divide the mortgage payments among co-owners
Explanation
In a partition action, if property can be physically divided equitably, courts may order partition in kind (each co-owner receives a portion of the land). If physical division is impractical (as with a house), courts order partition by sale—the property is sold and the proceeds are divided proportionally among the co-owners.
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