Detailed Answer — What a partition action is and when to use it

A partition action is the legal procedure co-owners use to divide or sell real property when they cannot agree on what to do with the land. In New Jersey, co-owners who hold an undivided interest in real estate—owners in common, joint tenants, or heirs who inherited an interest—can ask the Superior Court to either:

• divide the property physically between the owners (partition in kind), or
• order the sale of the property and divide the proceeds among the owners (partition by sale).

You can file a partition action when you have a present legal interest in the property and co-owners refuse to agree to a sale or division. This is commonly used when heirs inherit an interest in family land and one or more heirs want to cash out.

Where to file

Partition actions are filed in the Superior Court of New Jersey, generally in the Chancery Division (General Equity). For court rules and filing locations, see the New Jersey Courts website: https://www.njcourts.gov. For legislative materials, see the New Jersey Legislature website: https://www.njleg.state.nj.us/.

Step-by-step: How to prepare and file a partition action in New Jersey

1. Confirm your ownership and collect documents. Gather the deed(s), the decedent’s death certificate, any will or probate papers, mortgage statements, tax bills, and property surveys or tax maps. If your interest came through probate, find the estate file (probate docket) showing how title passed.
2. Try to reach an agreement first. Courts expect co-owners to try to resolve disputes without litigation. Send a written demand proposing sale or buyout. Consider mediation or a neutral appraisal to establish fair market value.
3. Identify all parties with a possible interest. A partition complaint must name every person who might hold an interest in the property (co-owners, lienholders, mortgagees). Missing a necessary party can delay or nullify the result.
4. Draft the complaint for partition. The complaint should:
   • identify the property with a legal description,
   • state each plaintiff’s and defendant’s claimed interest,
   • explain why the partition is necessary, and
   • ask the court to order partition in kind or sale (specify your preferred remedy), appoint commissioners if needed, and determine costs and distribution of proceeds.
5. File the complaint and pay filing fees. File at the county courthouse where the property is located. The court clerk will provide service forms and a case number.
6. Serve the defendants. Serve all named defendants with the complaint and a summons according to New Jersey service rules. If some parties cannot be located, the court may allow service by publication after you show reasonable efforts to find them.
7. Respond to motions and attend hearings. Defendants can answer or raise defenses. The court may set a case management conference, scheduling hearings on value, division, or sale. Be prepared to present title documents, valuations, and evidence of attempts to resolve the dispute.
8. Commissioner appointment and property valuation. If the court orders partition in kind and the land can be divided fairly, the court may appoint commissioners to physically divide the property. If a sale is required or more practical, the court will order an appraisal or sale procedures (private sale with court approval or public sale). The court supervises the sale process and ensures a proper accounting.
9. Distribution of proceeds and closing the case. After sale and payment of liens and sale-related costs, the court directs distribution of net proceeds according to each owner’s legal share. The court then enters a final order and the case is closed.

Special considerations for inherited interests

If your interest comes from a deceased owner:

• Confirm how title passed—by will, intestacy (no will), or transfer during probate. Obtain certified probate records if applicable.
• Heirs typically own an undivided interest as tenants in common unless the will or deed specifies otherwise.
• Creditors’ claims and outstanding mortgages may need to be resolved before a clean sale; liens attach to property and must be addressed in the partition process.

Common defenses and delays

Co-owners may oppose a partition with claims such as equitable estoppel, adverse possession, or that the property cannot be fairly divided. Disputes about valuations, liens, or easements also slow the process. Expect contested cases to take many months or longer.

Costs, timing, and practical outcomes

Costs include court filing fees, service fees, appraisal and commission fees, title search and recording fees, and attorney fees if you hire counsel. If the sale is supervised by the court, expect additional costs tied to advertising and sale administration. Simple, uncontested partitions may conclude in a few months; contested matters can take a year or more.

Alternatives to filing a partition action

• Negotiate a buyout where one owner purchases the other’s share based on an agreed valuation.
• Use mediation to reach a sale agreement and avoid court costs.
• Agree to a private sale and split proceeds according to ownership shares.

When to hire an attorney

Consider an attorney if the ownership is unclear, multiple heirs or lienholders exist, probate issues complicate title, or co-owners contest value or division. An attorney experienced in real estate and equity litigation can prepare pleadings, protect your share, and navigate sale procedures and distributions.

Useful official resources

• New Jersey Courts: https://www.njcourts.gov
• New Jersey Legislature: https://www.njleg.state.nj.us/

Disclaimer: This article is for general information only and does not constitute legal advice. Laws change and legal outcomes depend on specific facts. Consult a licensed New Jersey attorney before taking action.

Helpful Hints

• Start by collecting deeds, the decedent’s will or probate file, and a recent property tax bill.
• Speak to co-owners early and offer a written buyout proposal—courts favor parties who tried to settle before suing.
• Obtain a professional appraisal so you and the court have a neutral value for buyout or sale decisions.
• Name every possible owner and lienholder in the complaint to avoid later challenges or missing-party problems.
• Consider mediation before filing; it can save time and costs and preserve family relationships.
• Ask the clerk for local filing procedures in the county where the property sits—procedures and fees vary by county.
• If you’re unsure how to proceed, get a consultation with a New Jersey real estate litigator or an attorney who handles Chancery Division matters.