Pennsylvania: Forcing Sale or Division of Co-Owned Real Property After Divorce

Detailed answer — main options and how each works

Hypothetical facts used throughout: You and your ex are both listed on title to a single-family home that you owned during the marriage. The divorce is final, but title remains in both names. Your ex will not agree to sell or sign over the property. What can you do?

1) First — check the divorce decree and any written orders

Often a divorce court already decided who gets the house or how it should be divided. If the final divorce order or equitable distribution judgment gave one spouse the property or ordered a sale/buyout, that order is enforceable. Enforcement options include asking the divorce court to enforce its own order or seeking a money judgment or order directing transfer of title. If the decree awarded the property to one spouse but the deed was never changed, enforcement may be done through the divorce case or by filing related civil enforcement measures in the Court of Common Pleas.

2) Negotiate a buyout or mediated settlement

Practical first steps: get a current appraisal, calculate mortgage payoff, closing costs, taxes, and the equity split. One co-owner can refinance or take out a mortgage in only their name and pay the other their share. Mediation or collaborative law can be faster and cheaper than court. If the other co-owner refuses to cooperate, you still have the judicial options below.

3) File a partition action in the Court of Common Pleas (forced sale or division)

When owners cannot agree, Pennsylvania law allows an owner to file a partition action in the county where the property is located. In a partition case a court can:

• Order a partition in kind (physical division) if it is feasible and fair;
• Order sale of the property and divide the net proceeds among the co-owners according to their ownership shares.

Partition is typically a remedy when title is held as tenants in common or joint tenants and the co-owners cannot voluntarily end the co-ownership. The court will consider whether physical division is practical; for most single-family homes, sale and division is more common.

Procedure highlights: the plaintiff files a complaint naming all co-owners and asks for partition or sale. The court may appoint commissioners or a referee to value the property, decide whether division in kind is possible, and supervise the sale. Costs, attorney fees, and mortgages are deducted from sale proceeds before owners get their shares.

4) Enforce a property award from the divorce (if the divorce court already ordered distribution)

If the divorce court awarded one spouse the property or part of its value, you can ask that same court to enforce its order. Enforcement tools include contempt proceedings, entry of a money judgment, or an order directing the county recorder or the other party to transfer title. A partition action can still be used if the divorce court’s orders are ambiguous or not being followed, but enforcement through the divorce docket is often the faster route when an express order exists.

5) Quiet title or lien remedies (when title is contested or to protect an award)

If there is a dispute over ownership claims that goes beyond simple co-ownership—such as competing claims from a later purchaser or third-party lien holders—you may need a quiet title action. If you win an equitable distribution award, you can often convert that award into a lien on the property to secure payment of money owed to you.

6) Consider practical constraints: mortgages, liens, costs, taxes

Partition or sale cannot remove an existing mortgage; the lender must be paid from sale proceeds or a buyer must assume/refinance. Court-ordered sales include paying existing liens and costs first. Expect time and expense: county filing fees, appraisal costs, possible commissioner fees, and attorney fees. Courts also sometimes award costs or fees depending on the equities and behavior of the parties.

Where to look in Pennsylvania law

General statutory frameworks that can be relevant include statutes and rules covering domestic relations (equitable distribution) and real property/partition procedures. You can review Pennsylvania consolidated statutes online:

• Domestic relations / equitable distribution (Title 23): 23 Pa.C.S. (Title 23) — Domestic Relations
• Real and personal property provisions (Title 68): 68 Pa.C.S. (Title 68) — Real and Personal Property
• Pennsylvania courts and procedural resources: Pennsylvania Unified Judicial System

Helpful Hints

• Gather the key documents first: deed(s), divorce decree and equitable distribution order, mortgage statements, tax bills, and any written settlement offers.
• Get a current appraisal or broker price opinion. Accurate valuation drives buyouts and equitable splits.
• Check the divorce decree carefully. If the court already ordered a transfer, ask the divorce court to enforce its order before filing a new action.
• Consider mediation. Courts often expect parties to try mediation before a full trial, and mediated agreements reduce cost and delay.
• Understand costs: partition actions and enforcement proceedings can be slower and more expensive than a negotiated sale or refinance.
• If you owe mortgage payments, keep paying to avoid foreclosure during litigation. A foreclosure will complicate distribution of proceeds.
• Talk to a Pennsylvania attorney about timing, local court procedures, and likely outcomes in your county’s Court of Common Pleas.
• If you plan to buy out the other owner, get preapproval for refinancing early to speed closing once you reach agreement or win an order.