FAQ: Partition Actions and Forcing a Sale When Co-Owners Disagree

Short answer: If you and the other co-owners of a New Jersey house cannot agree on whether to sell, you can ask a court to force a sale by filing a partition action in the Superior Court (Chancery Division, General Equity). The court may order a physical division if feasible, but for most houses it orders a sale and divides the net proceeds among owners after paying liens, costs, and expenses.

How the process works in New Jersey

Below is a clear, step-by-step overview of what typically happens when a co-owner seeks a forced sale.

Try to reach an agreement first.

Court involvement is often expensive and slow. Before filing, send a written offer to buy out the other owners or propose mediation. A negotiated buyout, refinance, or consensual sale avoids litigation costs and gives you more control over timing and price.
File a partition complaint in Superior Court.

If agreement fails, the co-owner who wants relief files a partition complaint in the Superior Court, Chancery Division (General Equity). The complaint asks the court to divide the property among the owners (partition in kind) or, if division in kind is impractical, to sell the property and divide the proceeds (partition by sale).

For general information about the Chancery Division, see the New Jersey Courts website: https://www.njcourts.gov/courts/chancery/index.html.
Service, responses, and preliminary court procedures.

The defendant co-owners are served with the complaint and can answer or assert counterclaims (for example, a claim for contribution for repairs or expenses). The court may set deadlines, order disclosures (title documents, mortgage details, proof of ownership shares), and schedule hearings.
Court determines whether partition in kind is practical.

For residential lots, courts usually find partition in kind impractical because physically dividing a single house lot is not feasible without harming value. If partition in kind is impractical, the court will order sale of the property.
Appointment of a commissioner or master to sell.

The court frequently appoints a commissioner or special master to handle the sale process. The commissioner will arrange appraisal(s), advertise and sell the property (public auction or private sale as ordered), receive bids, and report sale results to the court for approval.
Paying liens, mortgages, and costs; dividing proceeds.

Sale proceeds first pay valid liens, mortgages, taxes, and the costs of sale (commissions, advertising, court and legal fees). The remainder is divided among owners according to their ownership interests (for example, equal shares if each owns one-third), unless the court orders a different accounting for contributions, improvements, or equitable considerations.
Possible outcomes and appeals.

After the court approves the sale and distribution, co-owners receive their shares. Any party unhappy with the decision may have limited options to appeal under New Jersey appellate rules.

Key legal authorities and where to look

Partition actions are handled by the Superior Court, Chancery Division (General Equity). See the New Jersey Courts overview: https://www.njcourts.gov/courts/chancery/index.html.
New Jersey statutes and rules governing civil procedure, equity practice, and property law are available from the New Jersey Legislature and the Courts. Start here to search statutes and court rules: https://www.njleg.state.nj.us/ and https://www.njcourts.gov/.

Common legal and practical issues to expect

Mortgages and liens: A mortgage or lien stays attached to the property. The sale usually must pay these creditors out of the sale proceeds before owners get their shares.
Occupancy and rent: If one co-owner lives in the house, the court may order that occupant to pay rent to other owners or reimburse expenses during litigation.
Contributions and credits: The court can credit an owner who paid mortgage payments, taxes, or made substantial improvements against the owner’s share when dividing proceeds.
Costs and timing: Partition actions take months and sometimes longer. Expect court costs, commissioner fees, appraisal fees, possible attorney fees, and sale-related expenses that reduce net proceeds.
Tax consequences: Sale proceeds may create capital gains tax consequences. Consult a tax professional before final distribution.

Example hypothetical to illustrate

Suppose three people each own a one-third interest in a New Jersey house. One owner wants out and offers to buy the others but they refuse. The owner files a partition suit. The court finds partition in kind impractical and appoints a commissioner to sell. After paying off a mortgage and sale costs, the net proceeds are divided in thirds, subject to credits for any owner who contributed more to mortgage payments or repairs.

How to prepare before you file

Collect title documents, the deed, mortgage statements, proof of payments, property tax bills, insurance records, and receipts for repairs/improvements.
Get a current market appraisal or broker price opinion to understand likely sale proceeds.
Attempt written negotiations and consider mediation—courts appreciate (and sometimes require) evidence of reasonable settlement efforts.
Talk to an attorney experienced with New Jersey partition actions so you understand likely costs, timing, and likely outcomes.

Helpful Hints

Put offers and communications in writing. A clear paper trail strengthens your position and helps settlement talks or court proceedings.
Consider a buyout if you can obtain financing. A clean refinance by one co-owner can be cheaper than litigation.
Ask the court for interim relief if a co-owner is refusing to pay mortgage or tax bills; courts can require contribution or order rent accounting.
Expect the sale to be a public process unless the parties agree otherwise. If you want a private sale, present a good argument and price to the court or commissioner.
Keep records of every expense related to the property—mortgage payments, taxes, utilities, repairs—so the court can handle equitable credits accurately.
Be aware of deadlines and local court rules; missing a deadline can delay relief or harm your case.

When to hire an attorney

Hire a lawyer if the other co-owners contest facts, claim contribution offsets, or if substantial liens or complicated title issues exist. A lawyer can prepare the complaint, handle service, manage hearings, and protect your financial interests during sale and distribution.

Disclaimer: This article explains general New Jersey law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed New Jersey attorney.