Starting a Partition Action in Pennsylvania: What to Do When a Co-Owner Refuses
This FAQ-style guide explains, in plain language, the steps to start a partition action under Pennsylvania law when another co-owner refuses to agree to divide or sell jointly owned real estate. It assumes no prior legal knowledge and focuses on practical steps, court process basics, likely outcomes, and helpful next steps.
Important disclaimer: This is educational information, not legal advice. For guidance tailored to your facts, consult a licensed Pennsylvania attorney.
Detailed answer — Step-by-step process under Pennsylvania law
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Confirm ownership and identify all interested parties
Start by getting a current copy of the deed and any recent title reports from the county recorder/registrar where the property is located. Identify every person or entity with an ownership interest (tenants in common, joint tenants, trust, heirs) and any mortgagees, lienholders, or tenants. A partition action normally requires naming every owner and anyone with a recorded lien.
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Try to resolve the dispute without court (demand and negotiation)
Before filing, send a written demand for partition or buyout. The letter should describe the property, state your ownership share, request either a division or a buyout, and propose a deadline. Courts and judges favor parties who attempt negotiation first. Consider appraisal and mediation to reach a voluntary settlement — a written buyout or partition agreement can save time and costs.
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File a partition complaint in the Court of Common Pleas
If negotiation fails, you file a civil complaint for partition in the Pennsylvania Court of Common Pleas in the county where the property is located. The complaint generally must:
- Identify the property by legal description (use the deed or tax parcel information).
- Name all owners and any lienholders as defendants.
- Allege each party’s interest or share in the property.
- Request relief: partition in kind (physical division) or sale and division of proceeds.
- Ask for appointment of a commissioner, master, or other officer to carry out the division or to conduct a sale if division in kind is impractical.
Filing requires payment of the court filing fee and submission of any local forms the county requires. See the Pennsylvania Courts site for Courts of Common Pleas information: https://www.pacourts.us/courts/courts-of-common-pleas.
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Serve the complaint on all defendants
After filing, you must serve each defendant according to Pennsylvania service rules. If unknown or unlocatable owners exist, the court may allow service by publication. Service and notice requirements are governed by the Pennsylvania Rules of Civil Procedure; see the rules overview at: https://www.pacourts.us/rules-and-reports/rules-of-civil-procedure.
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Defensive responses and defaults
Defendants typically have a set time to file an answer. If a defendant does not answer, you can seek a default judgment which may allow the court to proceed without that defendant’s input. If defendants contest the complaint, the case proceeds through discovery, pretrial motions, and possibly a hearing or trial.
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Appointment of a master or commissioner and property division or sale
If the court orders partition, it often appoints a commissioner or master to examine the property and recommend whether an in-kind division is possible. If the property cannot be fairly divided (typical for single-family homes or small lots), the court usually orders a public sale and divides the sale proceeds among owners according to their interests after paying liens, mortgages, and court costs.
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Paying liens, mortgages, and costs
Mortgage lenders and other lienholders have priority claims that must be satisfied from sale proceeds. The partition sale proceeds are distributed in the order of priority. Expect costs for appraisal, publication, sheriff’s sale, commissioner fees, and attorney fees to be deducted from the proceeds.
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Timeline and likely outcomes
Partition actions can take months to over a year depending on complexity, contested issues, and court scheduling. Outcomes include (a) an agreed buyout, (b) physical division of the property (rare for most residences), or (c) judicial sale and division of proceeds. If you obtain a court-ordered sale, a judicial or sheriff’s sale typically follows with proceeds distributed according to title and liens.
Relevant Pennsylvania procedural resources
- Information on Courts of Common Pleas (where partition cases are filed): https://www.pacourts.us/courts/courts-of-common-pleas
- Pennsylvania Rules of Civil Procedure (service, pleadings, practice): https://www.pacourts.us/rules-and-reports/rules-of-civil-procedure
- Search Pennsylvania statutes and session law (general reference): https://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm
Helpful hints
- Gather documents first: deed, mortgage statements, tax records, leases, wills, and any written agreements about the property.
- Get a current market appraisal early. It helps in negotiations and sets expectations for sale proceeds or buyout offers.
- Consider a written demand and mediation before filing. Courts often expect good‑faith attempts to settle disputes.
- Name everyone with an interest. Failing to join a necessary party can delay your case or require re-filing.
- Plan for liens and taxes. Mortgage and other liens are paid from sale proceeds before owners split the balance.
- Be prepared for cost and time. Partition litigation can be expensive; a negotiated buyout may be cheaper and faster.
- If a co-owner is occupying the property, ask an attorney about interim relief (rent, sale of their share, or orders to allow access) — courts can address these issues during the action.
- Local court practice matters. Check the specific county court’s local rules and filing procedures; procedures and forms vary by county.
- Hire a Pennsylvania attorney if possible. Real-property partition involves complex procedural and title issues; a lawyer can prepare pleadings, handle service, and represent you at hearings.
If you want, provide the county where the property is located and a few factual details (type of property, whether there are mortgages or tenants, whether owners are relatives), and I can outline more tailored steps and the typical local filings you will need.
Final reminder: This information explains typical Pennsylvania procedures but does not replace legal advice. For a binding plan for your situation, consult a licensed Pennsylvania attorney.