Partition Prohibited Clause Samples
The "Partition Prohibited" clause serves to prevent the division or physical separation of jointly owned property among co-owners. In practice, this means that none of the parties involved can demand that the property be split into individual portions or sold off in parts, regardless of disagreements or changes in ownership interests. This clause is commonly used in agreements involving real estate or other indivisible assets to maintain the integrity and value of the property. Its core function is to ensure that the property remains whole, thereby avoiding disputes and complications that could arise from forced partition or sale.
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Partition Prohibited. Each Owner covenants with and represents and warrants to each of the other Owners that, during the entire term of this Agreement, neither it nor its successors or assigns will attempt or purport to make any partition whatever of the Facilities, in whole or in part, or any interest therein, or any other assets, whether now owned or hereafter acquired, and waives all rights of partition provided by statute or in equity, including partition in kind or partition by sale.
Partition Prohibited. The Common Area shall remain undivided as set forth in Section 2.5. Except as provided by California Civil Code § 1359, or authorized under Sections 8.3 or 8.4, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Unit owned by two (2) or more persons and division of the sale proceeds is not prohibited hereby but partition of title of any Common Interests in and to a single Unit is prohibited.
Partition Prohibited. The Common Area shall remain undivided except as follows: The Common Area may be re-subdivided if approved unanimously by the Owners, and if approved by the City and pursuant to and in accordance with the Subdivision Map Act and the ▇▇▇▇▇-▇▇▇▇▇▇▇▇ Act. Except as provided by California Civil Code §1359 or authorized under sections 8.2.B or 8.3, no Owner shall bring any action for partition of the Common Area, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Condominium owned by two (2) or more persons and division of the sale proceeds is not prohibited by this paragraph.