Partition Actions in Pennsylvania: Forcing the Sale of Co-Owned Property

What is a partition action in Pennsylvania?

A partition action is a lawsuit that lets any co-owner of real estate force a division or sale of the property when the co-owners cannot agree on what to do with it. In Pennsylvania, the court will either physically divide the property among the owners or, far more often, order it sold and divide the proceeds according to each owner's share.

Because the right to partition is nearly absolute, a co-owner generally cannot be forced to remain in a co-ownership they no longer want. That makes partition one of the most powerful tools available when a shared-property relationship breaks down.

Who can file a partition action?

Any co-owner who holds title as a tenant in common or joint tenant can file. Common situations include:

Family members who inherited property together and disagree about selling;
Unmarried couples who bought a home together and later separated — often called a "real estate divorce";
Business partners or investors who co-own a rental or development property and reach an impasse;
Co-owners where one pays all the taxes, mortgage, and upkeep while another contributes nothing.

Married couples who own property as tenants by the entireties are treated differently while the marriage continues — see Joint Tenancy vs. Tenancy in Common in Pennsylvania.

Partition in kind vs. partition by sale

Pennsylvania recognizes two outcomes:

Partition in kind — the land is physically divided into separate parcels, one for each owner. This is the traditional first preference but is rarely practical for a single house or small lot.
Partition by sale — the property is sold and the net proceeds are divided by ownership share. This is the usual result for homes and most income properties.

How the partition process works

Complaint. One co-owner files a partition complaint identifying the property and each owner's interest.
Order directing partition. After confirming the ownership shares, the court enters an order that partition should occur.
Division or sale. The court determines whether the property can be divided in kind or must be sold.
Accounting. Each owner's share is adjusted for credits and charges — taxes, mortgage payments, insurance, and the value of improvements one owner paid for.
Distribution. Sale proceeds are distributed according to the final accounting.

Can you avoid or stop a partition?

Often the best result is a negotiated one. Co-owners can avoid a forced sale through a buyout (one owner purchases the others' shares), a well-drafted co-ownership or partnership agreement signed up front, or a private settlement of the accounting. A lis pendens filed with the case can also affect the property's marketability while the dispute is pending, which frequently pushes the parties toward settlement.

How Nochumson P.C. helps

Nochumson P.C. represents co-owners, investors, and heirs on both sides of partition and real estate litigation across Philadelphia and Pennsylvania — pursuing a sale, defending against one, or negotiating a buyout that avoids litigation altogether. Contact us to discuss your co-ownership dispute.

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