Detailed Answer

If a co-owner refuses further mediation, New Jersey law still gives you a clear path to force the sale (or division) of jointly owned real property. The common legal remedy is a partition action filed in the New Jersey Superior Court. A partition action asks the court to divide the property among the owners (partition in kind) or, if division is impractical or would cause substantial prejudice, order the property sold and the proceeds divided (partition by sale).

How partition works in New Jersey

Key points about partition actions you should know:

Where to file: A partition action is typically filed in the Superior Court in the county where the property sits. The court oversees the process and can appoint officials to help carry out the division or sale.
Partition in kind vs. partition by sale: The court prefers physical division when it can be done fairly. If the land cannot be divided without unfairness or loss in value, the court can order the property sold and distribute the net proceeds among owners according to their shares.
Appointment of a referee or commissioner: The court may appoint a commissioner, master, or special referee to survey, divide, manage, and sell the property if needed. That officer typically supervises the sale and reports back to the court.
Handling mortgages, liens, and encumbrances: Existing mortgages and liens remain attached to the property and must be resolved at sale (paid from the sale proceeds) or otherwise addressed by the parties before or during the partition process.
Costs and fees: Court costs, sale expenses, appraisal and referee fees, and attorneys’ fees (in some circumstances) are typically paid from sale proceeds before distribution to owners.

Typical steps to force a sale

Document attempts to resolve: Record your attempts to mediate or negotiate (emails, letters, settlement offers). Courts like to see that you tried to settle before asking for judicial intervention.
Demand letter: Before filing suit, send a written demand for sale or buyout. This can be useful evidence that you gave the co-owner a final chance to settle.
File a partition complaint: Your attorney files a partition complaint in Superior Court naming all co-owners and interested parties (lenders, lien holders). The complaint asks the court to order partition in kind or by sale.
Service and response: The co-owner must be served with the complaint and has a set time to answer. If they do not participate, the court can still proceed and enter relief against a defaulting party.
Pre-trial motions and hearings: Either party can seek temporary relief (e.g., an order to preserve the property, pay taxes, or stop waste) while the case is pending.
Valuation and sale process: The court or appointed referee orders appraisals and may conduct a sale by public auction or private sale under court supervision. Net proceeds are divided after paying liens, costs, and court-ordered expenses.

When will the court order a sale rather than divide the land?

The court considers practical factors, such as:

Whether the property can be physically divided without harming its value.
Whether the owners’ interests and ownership percentages make division feasible.
Whether continued co-ownership causes waste, harm, or other prejudice.
Whether a sale would yield a fair result for all parties.

When division would be impractical or unfair, the court commonly orders a sale and divides the proceeds.

Alternatives to forcing a sale

Buyout: Offer to buy out the co-owner’s share using an independent appraisal to set fair value.
Refocused mediation or arbitration: Even if one party refuses mediation now, a neutral proposal or revised terms sometimes reopen settlement opportunities—especially if the co-owner faces litigation costs.
Partition by consent: If you can agree on sale terms, you can sell privately and avoid court intervention.
Refinance or restructure liens: If the barrier is a mortgage, consider refinancing or negotiating with the lender to allow buyout options.

Practical considerations and timing

Partition cases vary in length. Expect several months to over a year depending on complexity, contested issues, the court’s calendar, and whether appraisals or environmental or title issues arise. Costs include court fees, attorneys’ fees, appraisal and referee fees, and the local costs of sale.

Where to learn more and official resources

For general information about New Jersey courts and how to start cases, see the New Jersey Courts website: https://www.njcourts.gov. For statutory law and statute texts maintained by the state Legislature, see: https://www.njleg.state.nj.us. Your attorney will identify the precise statutes and rules that apply to your situation and cite the controlling law.

How an attorney can help

An attorney will:

Assess whether a partition action is the right remedy for your goals.
Prepare and file the complaint, arrange service on co-owners and lien holders, and handle motions and hearings.
Work with appraisers, referees, and court officers to protect your financial interests.
Negotiate buyouts or settlement terms to avoid prolonged litigation when possible.

Bottom line: If mediation fails, you can force a sale by filing a partition action in New Jersey Superior Court. The court will either divide the property or order a sale when division is impracticable. Because partition actions involve title, liens, and possibly complex valuation issues, consult an attorney experienced in New Jersey real property litigation to evaluate timing, costs, and likely outcomes.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed New Jersey attorney.

Helpful Hints

Gather deeds, mortgage statements, tax bills, insurance records, and any written agreements among owners before you meet an attorney.
Document all communications with the co-owner (dates, messages, offers) to show efforts to settle before suing.
Obtain an independent appraisal early to understand market value and strengthen buyout or settlement proposals.
Consider whether a short-term agreement (e.g., one co-owner pays rent or maintenance) could preserve value while you seek a solution.
Ask your attorney about costs you might recover if a co-owner acts in bad faith—some fees may be shifted by the court in limited circumstances.
Remember tax consequences: net proceeds may create capital gains; consult a tax professional before completing any sale or buyout.
If time is critical (risk of damage, unpaid taxes, or abandonment), ask your lawyer about emergency motions to protect the property.