Short answer

If the house is owned jointly with others as tenants in common (or if the heirs or personal representative hold an interest), a co-owner or the estate’s representative can ask the county Court of Common Pleas for a partition action to divide or force sale of the property. If the property is still part of your father’s estate and has not yet been distributed, talk to the estate’s personal representative or a probate lawyer first. Partition procedures, timelines, and exact forms are handled at the county level in Pennsylvania.

Disclaimer

This article provides general information about Pennsylvania law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a Pennsylvania attorney experienced in real estate, probate, or civil litigation.

Detailed answer — how partition works in Pennsylvania and how you can start

1. First, identify who actually owns the house now

• Check the deed at the county recorder/recorder of deeds office where the property is located to see the legal owners and how title is held (joint tenancy, tenants in common, sole ownership, trust, etc.).

• If the house was in your father’s sole name at death, see whether the estate has been opened in probate. If a personal representative (executor/administrator) was appointed, the estate may still hold title until distribution. If there is a will, read it; if not, Pennsylvania intestacy rules govern distribution.

Why this matters

Only persons with a present legal or equitable interest in the property (owners, heirs who have been vested, or the estate’s representative) can be plaintiffs in a partition action. If the estate still holds the property, the personal representative often needs to be involved.

2. Attempt a negotiated solution first

• Ask co-owners if one will buy out the others, agree to sell cooperatively, or agree on partition in kind (physically dividing land, rarely possible with a single house) or sale. Mediation is often faster and cheaper than going to court.

3. When negotiation fails: file a partition action

Steps you should expect in Pennsylvania:

1. Prepare and file a civil Complaint in Partition in the Court of Common Pleas in the county where the property is located. The complaint must name every person or entity who has an interest in the property (co-owners, mortgagees, lienholders, unknown heirs if necessary).
2. Attach or identify the property description (legal description or deed book/page).
3. State your requested remedy: partition in kind if feasible, or sale and division of net proceeds among owners in proportion to their interests.
4. Serve all named defendants (service rules vary by county; the local prothonotary can explain service requirements).
5. The court may set hearings. If the court orders partition in kind but the property cannot be divided without prejudice, or if division is impractical, the court typically orders sale. The court often appoints a commissioner or master to value and sell the property under court supervision.
6. Sale proceeds, after paying mortgages, liens, court costs, commissions, and other lawful charges, are distributed among owners according to their ownership shares.

4. Common procedural and practical issues

• Mortgages and liens: An existing mortgage remains attached to the property until paid; proceeds from sale usually pay those obligations first.

• Minors or incapacitated co-owners: The court will provide special protection. The guardian or guardian ad litem may need to be appointed.

• Unknown heirs or missing owners: The complaint must try to name all possible owners; the court may allow notice by publication for unknown or absent parties.

• Timing: A straightforward partition may take several months; contested or complex matters can take a year or longer.

5. Who can file and who represents the estate?

• A co-owner (tenant in common) may file to partition their undivided interest. Joint tenants have survivorship rights—after a joint tenant dies, the survivor may own the whole, which affects who can file.

• If the property is part of a decedent’s estate, the personal representative (executor/administrator) may need to bring or defend a partition action on behalf of the estate until distribution.

6. Where to file and find forms and local rules

• File in the County Court of Common Pleas where the property is located. County-level prothonotary offices handle civil filings; each county may have local rules and fees.

• Pennsylvania Unified Judicial System (court system) general resources: https://www.pacourts.us

• For state statutes and consolidated laws (for background on probate and related topics): https://www.legis.state.pa.us

7. Costs and likely outcomes

• Costs may include filing fees, service costs, attorney fees, appraisal, survey, commissioner/master fees, sale commissions, and closing costs. The court may order costs paid from sale proceeds.

• Possible outcomes: negotiated buyout; order to partition in kind (rare with a single house); court-ordered sale with proceeds distributed; settlement at any stage.

8. When to hire a lawyer

• Hire a lawyer if: other owners contest, title is unclear, there are lien or mortgage complications, minors or incapacitated owners are involved, or you want to avoid procedural missteps. A lawyer can prepare pleadings, handle service, negotiate, and represent you at hearings.

Helpful Hints

• Gather documents before you start: deed, death certificate, will, probate paperwork, mortgage statements, tax bills, insurance policies, and a recent title search if possible.
• Check how title is held: joint tenancy with right of survivorship, tenants in common, or asset of the estate. This determines who has standing to file.
• Talk to the estate’s personal representative early if the estate is open—partition while the estate still holds title may require the representative’s involvement.
• Consider mediation or a buyout before litigation—court actions are expensive and slow.
• Contact the county prothonotary for local filing rules and fees. Use the Pennsylvania court locator: https://www.pacourts.us/find-a-court
• Expect the court to require full disclosure of liens and mortgages; unpaid debts may reduce distributions to owners.
• If you suspect missing heirs, discuss a genealogical search and notice by publication with counsel to avoid later challenges.
• Keep records of all communications and offers—courts and mediators look favorably on evidence of good-faith attempts to resolve disputes.