Laura and Mike own a commercial property as tenants in common, each holding a 50% interest. Laura wants to exit the partnership and seeks to partition the property. Which of the following is the most appropriate remedy the court is likely to grant?
Allow Laura to transfer her interest to a third party without Mike’s consent.
Order the sale of the property and divide the proceeds between Laura and Mike.
Order the physical division of the property, allocating specific areas to Laura and Mike.
Deny the partition action due to challenges in partitioning commercial properties.
The correct answer is to order the sale of the property and divide the proceeds, as physical division of commercial property is typically impractical. Partition in kind is rarely feasible for commercial properties due to their indivisible nature.
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Why is it difficult to partition commercial property?