Whichever of two parties has the division of an estate, the choice of the shares is the other's.

Explanation

(English-origin maxim.) When one co-owner divides the estate, the other has the right to choose which share he will take — the power of partition and the power of election are separated to ensure fairness.

Where this applies

• Two siblings inherit a farm equally, and one sibling divides it into two parcels while the other gets to pick which parcel she wants.
• Business partners dissolving a company agree that one partner will split the assets into two groups, and the other partner chooses which group to take.
• Co-owners of a duplex agree that one will propose how to divide the property's value, and the other will select which half she prefers.