Multistate Bar (MBE) OPE 2 Practice Exam

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On partition of land, if a fair and equitable physical division is impossible, the property may be partitioned by sale. In such a sale with co-ownership in unequal shares (1/3 and 2/3), how are the proceeds typically allocated?

In proportion to ownership shares (1/3 to the brother, 2/3 to the sister)

In a partition by sale, the net proceeds are distributed in proportion to each co-owner’s undivided interest. After paying the costs of the sale and any debts or encumbrances, the owner with a one-third interest receives one-third of the net proceeds, and the owner with a two-thirds interest receives two-thirds. This reflects each person’s legal stake in the property.

So, with one owner at one-third and the other at two-thirds, the proceeds divide as one-third to the first and two-thirds to the second. The other options would ignore the actual ownership percentages.

Equally to each owner

All to the owner with higher share

To the owner who initiates sale