Detailed answer — How partition and forced sale work in Pennsylvania

When some family members want to sell a property but others refuse, Pennsylvania law generally gives co-owners a legal way to divide or liquidate the property by filing a partition action in the court where the property sits. The court can either divide the land (partition in kind) if it can be physically and fairly divided, or order a sale and divide the proceeds (partition by sale) if division in kind is impractical or inequitable.

Who can file a partition action?

Any person with a present ownership interest in the property can normally seek partition. That includes tenants in common and joint tenants. A single co-owner may bring the action against the other co-owners to force partition.

Important exception: tenancy by the entireties

Property owned as tenancy by the entirety (a special form of ownership between married spouses) is treated differently. In Pennsylvania, a spouse generally cannot force a partition against the other spouse while the marriage remains intact. Tenancy by the entirety gives both spouses unilateral protection from partition by the other; the co-ownership nature differs from tenants in common or joint tenants. If you believe the property is owned as tenancy by the entirety, you should address marital-status issues (e.g., separation, divorce, or consent) before expecting partition relief.

What happens in court?

A partition case typically follows these steps:

• Complaint filed listing all co-owners and their claimed shares.
• Court determines the nature of ownership and each party’s interest.
• If the court orders partition in kind, it will either divide the land or appoint a surveyor/commissioner to do so.
• If the court orders partition by sale, it will direct how the sale is made (often by sheriff or commissioner) and how proceeds are distributed after paying mortgages, liens, taxes, costs, and attorney’s fees.

Pennsylvania follows procedural rules for partition actions under the Pennsylvania Rules of Civil Procedure (see the partition rules). Courts will consider fairness, practicality, and the value of the property when choosing between division and sale. For the governing civil procedure rules, see the Pennsylvania Rules of Civil Procedure on the Pennsylvania courts website: https://www.pacourts.us/law-and-policy/rules-of-court/pennsylvania-rules-of-civil-procedure.

Liens, mortgages, and creditors

If the property has a mortgage, tax lien, or other recorded lien, those claims generally survive partition and will be satisfied from sale proceeds in order of priority. A partition sale usually clears only the interests of the co-owners, not unpaid debts on the property unless the sale proceeds pay them.

Costs, timing, and practical considerations

Partition cases can take months to more than a year depending on complexity, title issues, and whether the parties dispute valuation or ownership percentages. Courts may order a valuation appraisal, and the party seeking partition must pay court filing fees, costs for commissioners or appraisers, and possibly other litigation expenses. These are typically deducted from sale proceeds.

Where to find statutory materials

Pennsylvania’s consolidated statutes and the rules that affect property interests are available through the Pennsylvania General Assembly and the Pennsylvania Courts websites. General statutory material on real and personal property appears in Title 68 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68.

Helpful hints — What to do next

• Confirm how the property is titled. Ask for a copy of the deed to see whether you hold title as tenants in common, joint tenants with right of survivorship, or tenants by the entirety.
• Try negotiation first. Propose a buyout, mediation, or an agreed sale plan. Courts often prefer parties to settle before forcing a sale.
• Get a professional appraisal to understand fair market value and support any buyout offers.
• Check for mortgages, tax liens, and outstanding judgments. These affect what co-owners will actually receive after a sale.
• If one spouse is involved and the title is tenancy by the entirety, talk to an attorney about marital-status implications before filing a partition action.
• Talk to a real estate or civil litigation attorney early. They can explain local procedures, likely costs, and the strength of your claim to partition. If cost is a concern, ask whether limited-scope representation or unbundled services are available.
• Prepare documentation: deed, mortgage statements, tax bills, correspondence with family members, and any prior agreements about use or sale.
• Consider alternatives to litigation: sell to an outside buyer with majority owner consent, refinance, or buyout using a loan or investor funds.