Chapter 1: Partition¹

A division is not permissible for jointly owned property that cannot be split except with harm or with a compensatory payment unless all the partners consent. Examples include small houses, a bathhouse, the two small mills, and land whose parcels cannot be made equivalent²—nor its value³ adjusted—because part of it contains a building⁴ or a well. Such a partition is treated as a sale, and anyone who refuses it cannot be compelled.

As for property whose division involves neither harm nor compensation—such as a village, an orchard, a large house, farmland, spacious shops, and fungible goods of one type like oils, milk, and the like—if one partner demands partition the other is obliged to comply. This is a segregating partition, not a sale.

The partners may effect the partition themselves, appoint a divider of their choosing, or ask the judge to appoint one; his fee is borne in proportion to each partner’s share of the property. Once they have divided, or