6. Smith, Carson, and Jones owned a pasture as tenants in common. Each had a one-third interest. When Smith died, her heir wished to force the sale of the property to obtain Smith's monetary share of the property. Smith's heir may do this by filing in court
Answer: C
Smith's heir may do this by filing a partition suit.
A partition suit is a legal action that allows co-owners of property to divide their interests and seek a sale or physical division of the property. In this case, since Smith's heir wants to obtain her monetary share of the property, filing a partition suit is the appropriate legal recourse.
A) a title delay.
A title delay does not apply in this context as it refers to a situation where there is a dispute over the ownership of property or the validity of a title. It does not provide a mechanism for a co-owner to force the sale of property, making it an incorrect choice.
B) a right of survivorship.
A right of survivorship is a legal concept that allows the surviving co-owners to inherit the deceased owner's share automatically upon their death. However, in this case, the property is held as tenants in common, which means there is no right of survivorship, making this option incorrect.
C) a partition suit.
A partition suit is the correct option as it specifically allows co-owners to seek a court order to divide or sell the property to realize their respective shares. This is the legal procedure that Smith's heir can utilize to force the sale of the pasture and obtain her monetary share.
D) an instrument of transfer.
An instrument of transfer is a document used to convey ownership of property from one party to another. In this scenario, it does not directly address the situation of Smith's heir wishing to force a sale of the property among co-owners, thus rendering it an incorrect choice.
Conclusion
The correct answer, a partition suit, is the only legal mechanism that allows Smith's heir to compel a sale of the property to access her monetary share. The other options either misinterpret the nature of ownership or fail to provide the necessary legal framework for such a situation. Thus, a partition suit is the definitive solution for resolving the co-ownership issue in this case.