The court will hold a hearing to "determine share of interest in property sought to be divided of each of owners or claimants, and all questions affecting title..."

In other words... when those who have an undivided interest in a property can't agree on disposal court can do it for them.

Here's another example of partition in action:

If an ex-wife or ex-husband refuses to sell their home or deed their interest to other (and real estate is not mentioned in divorce decree) only way home can be sold is through a partition action. When a husband and wife buy a home together, they own it as "tenants by entirety". Upon death of one spouse, surviving spouse automatically becomes sole owner of property. This is known as "right of survivorship".

What if you bought a home in Southern California and value shot up 40% during a ten month period? That's not covered in Homeowners Protection Act, but most lenders will listen to a request to cancel PMI... but not during first two years of loan. After two years lender will require that value of home has increased to point where loan is 75% or less of potential selling price. Then they may release buyer from PMI premiums. You must ask!

WARNING! THIS CAN BE EXPENSIVE! Many homeowners make a huge mistake when they are late with mortgage payments. If you have a poor payment history lender is not required to lift PMI. You will be out a huge amount of money... over many year as you continue to make those PMI payments... even though your loan balance is well within lenders normal limits.

PMI makes it possible to buy a home with a small or no down payment, but don't be fooled. It is very expensive and every homeowner should do what's necessary to get rid of it as soon as possible.