Detailed Answer
If you and one or more people own real property together and you need the court to divide or sell that property, your attorney will start a partition action on your behalf. In Pennsylvania, partition actions are handled by the courts under general real property and civil procedure rules. To start the case efficiently, your lawyer will need clear identification of the parties, the property, title documents, records of debts or liens, and a factual summary of how the property has been used and managed.
Why these documents matter
Courts decide whether the property can be physically divided (partition in kind) or must be sold and the proceeds divided (partition by sale). The court also needs to know who owns what share, whether any liens or mortgages exist, whether any co-owner has exclusive possession, and whether trusts, wills, or powers of attorney affect ownership. Missing or unclear documents slow the case and can increase costs.
Key Pennsylvania legal references
- General Pennsylvania statutory compilation for real property: Title 68 — Real and Personal Property (PA Consolidated Statutes).
- Pennsylvania courts and procedural rules (for filing, service, hearings, and forms): Pennsylvania Courts (PA Courts).
Documents and information to give your lawyer (categorized and prioritized)
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Core ownership and identification
- Deed(s) showing current legal owner(s) (warranty deed, quitclaim deed, etc.).
- Current legal description of the property (usually on the deed or latest tax bill).
- Names, current mailing addresses, phone numbers, and emails of all co-owners and any known heirs if an owner is deceased.
- Government-issued ID for each client (for attorney file and verification).
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Title history and chain of ownership
- Title report or abstract if available.
- Copies of prior deeds or instruments that trace how the current owners obtained their interests.
- Probate or estate documents if ownership arose from a will or intestacy (e.g., letters testamentary, will, death certificate).
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Mortgages, liens, judgments, and encumbrances
- Mortgage statements and payoff information.
- Records of recorded liens, mechanic’s liens, tax liens, or judgments against the property or any owner (county records or title company report).
- Home equity or line-of-credit agreements.
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Possession, use, and contribution records
- Who has lived in or used the property and when (occupancy history).
- Records of mortgage, taxes, insurance, utilities, maintenance, or improvement payments by any co-owner (bank statements, canceled checks, receipts).
- Lease agreements if the property is rented (current and past leases).
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Survey, maps, and physical information
- Recent property survey, plot plan, or boundary description.
- Photographs of the property (exterior, interior, improvement locations, known issues).
- Information about access, shared drives, fences, easements, or encroachments.
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Financial and tax records
- Recent property tax bills and assessment notices.
- Insurance declarations page for homeowner’s or landlord insurance.
- Appraisals, if any, or recent sales comparables you may have.
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Contracts, agreements, and correspondence
- Written agreements between owners about use, profit-sharing, or buy-out arrangements.
- Correspondence (emails, letters, texts) that show agreements, requests, disputes, or offers regarding the property.
- Notices from municipalities, code enforcement, or lenders related to the property.
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Legal documents affecting ownership or authority
- Wills, trust instruments, disclaimers, or deeds executed by a trust.
- Powers of attorney related to the property or for an owner.
- Court orders, previous lawsuits, or prior partition filings involving the property.
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Helpful practical information
- Short written timeline of the property’s history, disputes, and key events from your perspective.
- Names and contact information for possible witnesses (contractors, neighbors, tenants).
- Any evidence of attempts to resolve the dispute (mediation, offers, or settlement negotiations).
What the attorney will do next
Your lawyer will review these materials to:
- Confirm legal ownership shares and identify missing or conflicting documents.
- Search county records to verify deeds, liens, and recorded interests.
- Assess whether partition in kind is feasible or whether a partition by sale is likely.
- Determine immediate risks (foreclosure, tax sale, environmental liens) that may require urgent action.
- Prepare the complaint, arrange service on co-owners, and request relief (division, sale, appointment of commissioners, or accounting).
Practical timeline and costs
Partition cases vary widely. Simple uncontested partitions may resolve in a few months. Contested actions, complex title disputes, lien resolutions, or cases requiring physical division of land can take a year or more. Costs include attorney fees, court filing fees, title searches, appraisals, survey costs, and possibly costs for commissioners or auction services if the court orders a sale.
Common issues to flag early
- Deceased co-owners — identify heirs and provide probate documents.
- Unclear or missing deeds — get an abstract or title search quickly.
- Unpaid taxes or liens — these may block or complicate a sale.
- Long-term occupant claiming exclusive ownership — collect evidence of adverse possession or contributions.
Helpful Hints
- Organize documents chronologically and give your attorney an itemized list of what you provided.
- Get certified copies of birth and death certificates if inheritance or probate is involved.
- Order a county title search or ask your lawyer to obtain one—this often speeds things up.
- Keep originals safe; provide copies to your lawyer and be ready to authenticate them if needed.
- If the property is rented, collect rent rolls, security deposit records, and tenant contact info before filing.
- Be candid about prior discussions with co-owners—documented offers or agreements can be decisive.
- Ask your lawyer early whether mediation or settlement discussions could avoid a contested court process.
Where to go for local records: County Recorder of Deeds or Register of Wills (for probate documents) hold deeds, liens, and probate records. Your attorney will usually pull these, but providing any documents you already have saves time.
Disclaimer: This article provides general information about Pennsylvania partition actions to help you prepare. It is not legal advice. For specific legal guidance tailored to your situation, consult a licensed Pennsylvania attorney.