Detailed Answer

This section explains, in plain language, how a co-owner can force the sale of a house owned with another person under New Jersey law. It covers the legal basis, the court process, practical steps, and special issues you should check before filing. This is educational information only and not legal advice.

Legal basis for partition in New Jersey

When two or more people own real property together (for example, you and a sibling inherited your late father’s house), any co-owner generally has a right to seek partition. New Jersey law provides a remedy called a “partition action” that asks a court to divide the property physically (partition in kind) or order the property sold and the proceeds divided (partition by sale). The statutes governing partition actions are found at N.J.S.A. 2A:63-1 et seq. (see New Jersey statutes for details).

Link: N.J.S.A. 2A:63-1 et seq. – partition statutes (New Jersey Legislature)

Who may file and where to file

Any co-owner of the property may file a partition complaint. You file in the county where the property is located, typically in the Superior Court (Chancery Division or the division that handles equitable property matters). The complaint names all parties with an ownership or recorded interest in the property (other co-owners, mortgage holders, lienholders).

How the court decides between partition in kind and sale

The court prefers to divide property physically when it can be done fairly and without harming the owners’ interests. If the property cannot be fairly divided (for example, it’s a single-family home on a single lot that cannot be subdivided), the court will order a sale and divide the net proceeds among the owners according to their ownership shares.

Typical court process

1. File a Complaint for Partition in the county where the property is located. The complaint identifies the property, your ownership share, and requests partition or sale.
2. Serve the complaint on all co-owners and recorded lienholders. They have an opportunity to respond.
3. If the court finds partition appropriate, the judge may appoint commissioners, a referee, or other court officer to evaluate the property and oversee steps needed to divide or sell it (appraise, list, sell, close).
4. If the court orders sale, the property is usually sold at public auction or by a private sale supervised by the court. After sale, the court orders distribution of sale proceeds after paying liens, mortgages, taxes, court costs, and reasonable sale expenses (including appointed agents or referee fees).
5. The court will enter a final judgment allocating proceeds according to ownership shares and ordering deed transfers.

Evidence and facts the court will consider

The judge looks at whether physical division is practical, the value of the property, the number and nature of co-owners, existing mortgages or liens, and any agreements among co-owners. The court may also consider improvements, payments by one co-owner for mortgage/taxes/repairs, and equitable adjustments needed to achieve a fair division.

Special ownership forms and limits

• Tenancy in common or joint tenancy: Either form allows a partition action by a co-owner. If you and your sibling hold the property as joint tenants or tenants in common, partition is available.
• Tenancy by the entirety: That ownership form is limited to married couples. A spouse cannot force partition against the other spouse while marriage exists.
• Agreements and restrictions: If there is a written agreement (e.g., buy-sell, family settlement, or deed restriction) that limits partition, the court will consider it.

Probate and title issues to check first

If the house came to you through probate (your father’s estate), make sure the estate’s administration is complete and title has been transferred to the heirs/co-owners. A partition action requires clarity about who owns what share. Unresolved probate issues or a pending estate administration can complicate or delay partition.

Practical timeline and costs

A partition action can take several months to more than a year depending on complexity, court backlog, and whether the parties dispute issues. Expect court filing fees, attorney fees, appraisal costs, fees for court-appointed referees/commissioners, and sale-related costs. The court typically pays these costs out of sale proceeds.

Alternatives to filing

Before filing, consider negotiation or mediation. Common practical solutions include one co-owner buying out the other’s share (using an independent appraisal), selling the property jointly on the open market and splitting the proceeds, or entering a written buyout agreement. Courts generally welcome both parties reaching a private settlement.

Tax and mortgage consequences

Sale proceeds are subject to payoff of mortgages and liens. Capital gains tax and transfer tax may apply; consult an accountant or tax advisor. If you and your sibling want to buy out one another, lenders will require title review and possibly new financing.

When to consult a New Jersey attorney

If your co-owner disputes the partition, claims a different ownership share, or if title, probate, lien, or mortgage issues are tangled, consult a New Jersey real estate litigator. An attorney can prepare the complaint, identify parties, handle service, assemble evidence (deeds, wills, mortgage records), and represent you in court or in settlement discussions.

Helpful Hints

• Confirm ownership type: Check the deed. If it’s tenancy in common or joint tenancy, partition is normally available. If it’s tenancy by the entirety, partition is not available between spouses.
• Gather paperwork: deed, title report, mortgage statements, property tax bills, homeowners insurance, recent repairs/receipts, and any estate or probate documents.
• Get a current appraisal or market analysis before filing to know the property’s value and set realistic expectations.
• Consider mediation or a buyout first — often faster and cheaper than litigation.
• Check for liens and mortgages: The court will pay those from sale proceeds in priority order, so determine who will pay what if you want to avoid surprises.
• Prepare to pay costs up front: filing fees and attorney retainers are typically required before the court begins significant work.
• Expect the court to supervise sale procedures and fee distributions. The judge can adjust shares for payments one co-owner made for mortgage, taxes, or repairs.
• If probate is incomplete, resolve estate issues first so title is clear before partition.
• Ask a New Jersey real estate lawyer about local practice: partition procedures and timelines can vary by county and by judge.