Detailed Answer
When multiple people co-own real property in Pennsylvania, a partition action allows one or more owners (plaintiffs) to ask the court to divide or sell the property. Pennsylvania’s partition laws appear in 23 Pa.C.S. §§ 301–323. Under this statute, courts can order:
- Partition in Kind: The court physically divides the property among owners according to their ownership shares. See 23 Pa.C.S. § 506.
- Partition by Sale: If physical division is impractical—due to size, shape, or improvements—the court orders a public sale. Net proceeds then distribute to owners per their interests. See 23 Pa.C.S. § 507.
To start, a co-owner files a complaint in the county where the property sits. The complaint lists all co-owners, describes each owner’s share, and asks the court to partition. The court issues summonses to all owners. If an owner cannot be located, the court may allow service by publication.
Next, the court typically appoints one or more commissioners or viewers to inspect the property and prepare a report and proposed plan of division. Owners can object, and the court holds a hearing. If the court approves partition in kind, it issues an order directing the transfer of specific portions to each owner.
If the court opts for a sale, it sets sale terms and directs a sheriff’s or commissioner’s sale at public auction. After sale, the court deducts expenses—such as appraisal fees, commissioner fees, advertising costs, and any liens—then distributes the remainder to owners in proportion to their ownership shares.
Timing and costs vary by county, but partition actions often take several months. Plaintiffs typically pay filing fees, costs for service, commissioner or viewer fees, and potentially appraisal fees. The court may allocate costs among parties.
Hypothetical Example: Three siblings inherit a vacation home as tenants in common. One sibling wants out, another wants to keep it, and the third is undecided. The sibling who wants out files a partition action. The court appoints a commissioner who reports that dividing the property would harm its value. The court orders a sale. The home sells at auction, and net proceeds split 40/30/30 based on each sibling’s share.
Disclaimer: This article provides general information on Pennsylvania partition actions. It does not constitute legal advice.
Helpful Hints
- Review ownership documents (deeds, wills) before filing.
- Consider mediation to resolve disputes without court involvement.
- Obtain a professional appraisal to establish fair market value.
- Research county court procedures and expected timelines.
- Discuss potential costs and fee allocations with an attorney early on.