Legal Definitions - provisional partition

A provisional partition is a temporary division of property, often made before the remainder of the property can be divided. It is a type of partition, which is the act of dividing real property held jointly or in common by two or more persons into individually owned interests.

• Two siblings inherit a house from their parents. They cannot agree on how to divide the property, so they make a provisional partition, with one sibling living in the house and the other receiving a portion of the rental income until a definitive partition can be made.
• In Louisiana, when someone dies without a will, their estate is divided among their heirs through a partition of succession. This may involve a provisional partition of property until a definitive partition can be made.
• In the oil and gas industry, an undivided mineral interest may be divided through a provisional partition by voluntary agreement or judicial action.

These examples illustrate how a provisional partition is a temporary solution to dividing property when a definitive partition cannot be made immediately. It allows for the property to be used or managed in the meantime, while the parties involved work towards a more permanent solution.