Detailed Answer
When co-owners of real property in Pennsylvania cannot agree on dividing the property, one owner can ask the court to force a division through a partition lawsuit. A partition action asks the court either to physically divide the land (partition in kind) or to sell it and split the proceeds (partition by sale). Below is a step-by-step explanation of how the process generally works under Pennsylvania law, what the court considers, and what you can expect.
1. Check ownership type and title
Confirm how you and the other owners hold title. Co-owners usually hold property as tenants in common or as joint tenants with rights of survivorship. Tenants in common generally have the clearest right to seek partition. Gather the deed, mortgage records, and any agreements among the owners.
2. Try negotiation first
Court actions are often avoidable. Before filing, attempt to reach agreement through direct negotiation, mediation, or a buyout offer. Mediation is faster and less expensive than litigation and allows owners to control the outcome.
3. Preparing and filing the complaint
If negotiations fail, file a partition complaint in the Pennsylvania Court of Common Pleas in the county where the property is located. The complaint must identify the property, describe each owner’s interest, name all persons with an interest (co-owners, mortgagees, lienholders, and other parties with recorded interests), and state the relief sought (partition in kind or by sale).
Procedural rules that govern civil actions, including partition actions, are set out in the Pennsylvania Rules of Civil Procedure. See the Rules of Civil Procedure on the Pennsylvania Courts website: Pa. R.C.P. (Pennsylvania Rules of Civil Procedure).
4. Service of process and joining interested parties
After filing, you must properly serve the complaint and a summons on every co-owner and every party with a recorded interest in the property. If a party cannot be located, the court has procedures for service by publication or other substituted service. The court requires that all necessary parties be before it so the division and distribution will be final.
5. Court consideration: partition in kind vs. partition by sale
The court will consider whether a partition in kind is practical. Partition in kind divides the parcel into physically separate portions so each owner receives a portion of the land. The court favors partition in kind where it is feasible and fair. If dividing the land would be impractical or would substantially reduce value (for example, splitting a single-family house lot into separate legal lots is impossible or would create parcels that don’t meet zoning), the court may order a partition by sale.
6. Appointment of viewers, commissioners, or a master
The court commonly appoints neutral commissioners (sometimes called viewers) to inspect the property and report on how a fair division could be made. The commissioners prepare a plan and valuation. Parties can object and put on evidence. The court then adopts, modifies, or rejects the plan.
7. Accounting for contributions, improvements, liens, and offsets
The court will account for mortgages, liens, taxes, and necessary repairs. If one owner paid more than their share for improvements, mortgage payments, or taxes, the court may credit that owner before distributing proceeds. Recorded liens take priority and must be paid from sale proceeds in their proper order.
8. Sale and distribution
If the court orders a sale, the property typically sells at public auction or via court-ordered private sale under supervision. After the sale, the court directs payment of costs, commissions, liens, and mortgage balances. Net proceeds are divided among owners according to their ownership interests and any court-ordered adjustments.
9. Timing and costs
Partition cases vary in length. Simple cases resolve in a few months; contested matters with valuation disputes, title issues, or many lienholders can take a year or more. Expect costs for filing fees, service, commissioner fees, appraisal costs, attorney fees, and sale commissions. Courts sometimes order the losing or non-cooperative owner to bear some costs, but parties often share expenses.
10. Possible defenses and complications
Defenses may include claims that the party seeking partition waived the right, that an agreement among owners prevents partition, or that severing the property would violate zoning or other legal restrictions. Disputes over lien priority, unrecorded interests, or title defects can complicate and prolong the case.
11. Where to find the law and court rules
Pennsylvania law on real property and related statutes are codified in the Pennsylvania Consolidated Statutes. For a general statutory reference for property law topics, see Title 68 — Real and Personal Property: 68 Pa. Cons. Stat. (Title 68). Procedural rules governing civil practice are available through the Pennsylvania Courts: Pa. R.C.P. (Rules of Civil Procedure).
Bottom line: A partition lawsuit asks a court to divide or sell jointly owned property when owners cannot agree. The court prefers division in kind when feasible. The process requires proper filing, service on all interested parties, inspection and valuation, and court supervision of the division or sale. Because partition actions can raise title, lien, and valuation issues, you should get informed legal advice early in the process.
Disclaimer: This article is educational only and is not legal advice. Laws change and every situation is different. Consult a licensed Pennsylvania attorney to get advice tailored to your facts.
Helpful Hints
- Gather documents before you file: deed, mortgage paperwork, tax records, insurance policies, and any written agreements between co-owners.
- Identify all parties with an interest: check county recorder/prothonotary and tax assessor records for liens or mortgages.
- Consider mediation or a buyout offer first — it’s often faster and cheaper.
- Get an independent appraisal to support valuation arguments if the case becomes contested.
- Be realistic about what can be divided: improvements, easements, zoning, and lot configuration may prevent a clean split.
- Ask the court clerk in the county where the property is located for local filing requirements and fee schedules.
- Consult a Pennsylvania real estate attorney if title defects, lien priority, or complex valuation disputes appear.
- Remember ongoing obligations: property taxes, insurance, and maintenance should be addressed while the case is pending to avoid additional liabilities.
- If one owner is preventing reasonable access or making the property unusable, an attorney can advise on interim relief to preserve value.
- Expect to resolve mortgage and lien payments at or before sale—unpaid mortgages usually must be paid from sale proceeds.