Quick answer

A petitioner (or petitioners) in a partition action should be any person or entity that owns an undivided interest in the property and is asking the court to divide or sell the property. Practically, the petitioners are the co-owners who initiate and support the partition. Other co-owners who do not join as petitioners should be named as respondents/defendants. Mortgagees, lienholders, trustees, and unknown heirs or owners should also be named as parties (usually as defendants or interested parties), so the court can determine rights and distribute proceeds properly.

Detailed Answer — who to list and why

Start with definitions. A “petitioner” is the person or entity that files the partition petition asking the court for relief (division of the land, sale, appointment of a commissioner, etc.). In Pennsylvania the petition is typically filed in the Court of Common Pleas in the county where the property sits. See Pennsylvania Rules of Civil Procedure and county court practice (general info: PA Rules of Civil Procedure).

Who should you list as petitioners?

• All co-owners who agree to seek partition. If two or more co-owners want the court to divide or sell the property together, they commonly join together as co-petitioners.
• A single co-owner can be the lone petitioner. If one co-owner wants partition and the others do not or will not join, the petitioner sues the other co-owners as respondents/defendants asking the court to order partition despite their objection.
• An entity (corporation, partnership, LLC, trust) that holds title and wants partition should be named using its full legal name and can be a petitioner if it initiates the case.

Who should not usually be listed as petitioners?

• Mortgagees, lienholders, or other encumbrancers are not petitioners unless they themselves ask for relief. Instead they should be named as interested parties or defendants so the court can determine priorities and allow payoff from sale proceeds.
• Other record owners who do not consent to being petitioners should be named as defendants/respondents so they receive notice and the court can resolve their rights.

Other important parties to name (as defendants or interested parties):

• All record owners of the property (tenants in common, joint tenants, anyone listed on the deed).
• Mortgage lenders, holders of recorded liens, and judgment creditors with recorded encumbrances.
• Trustees, guardians, conservators, or fiduciaries if a co-owner is a minor, incapacitated, or if the owner title is held in a fiduciary capacity.
• Unknown or unlocatable owners and heirs. Pennsylvania practice allows fictitious-party pleading or notice by publication for unknown owners; the court may require additional steps to protect unknown interests. See Pennsylvania consolidated property law resources (general statutes for property: 68 Pa.C.S. — Real and Personal Property (Title 68)).

Practical reasons to include co-owners as petitioners

• Cost-sharing: co-petitioners can share filing fees, appraisal fees, and other costs.
• Fewer disputes about motives and fewer motions contesting the petition because petitioners have consented to the relief sought.
• Simpler evidentiary presentation: co-petitioners likely agree on desired outcome (partition in kind or sale) and valuation approach.

When to name someone as a defendant instead of a petitioner

If a co-owner does not want partition, refuses to sign papers, or you cannot locate them, you should name them as a defendant so they will receive legal notice. The court can proceed to decide their interest and can order partition or sale even over their objection.

Technical points and typical court procedure in Pennsylvania

• File the partition petition in the County Court of Common Pleas where the property is located.
• Use each party’s full legal name exactly as it appears in the deed or public records. Include business suffixes for corporations/LLCs and married names when appropriate.
• If minors or incapacitated persons hold title, the court often requires appointment of a guardian ad litem or a guardian to represent their interests.
• Recorded lienholders must be served or named so the court can decide priority and order payment from sale proceeds.
• If some owners are unknown, the court may permit service by publication; check local rules and statutory requirements for notice to unknown heirs or owners.

Example (hypothetical)

Alex and Briana own a vacation lot as tenants in common with Carlos. Alex and Briana agree they want the land sold and proceeds divided; they should file together as co-petitioners. Carlos disagrees and refuses to sign. The petition names Carlos as a respondent. The mortgage lender and a contractor with a recorded mechanics lien are named as interested parties so the court can resolve lien priorities when proceeds are distributed.

Helpful Hints

• Do a thorough title search before filing. Use the exact legal names and list all recorded liens and mortgages.
• If possible, get co-owners who agree to the outcome to join as co-petitioners to streamline the case.
• Name all interest-holders (mortgages, lienholders, assignees) to avoid later challenges to the sale or distribution.
• If a co-owner is missing or unknown, ask the court about service by publication and follow county rules to avoid defective notice.
• List minors or incapacitated owners correctly and be prepared for the court to appoint a guardian ad litem.
• Decide early whether you want partition in kind (divide the land) or a partition by sale; the court will consider feasibility and equities.
• Consider mediation or a buy-out agreement before filing — partition litigation can be expensive and time-consuming.
• Consult an attorney experienced in Pennsylvania real property and partition actions to prepare pleadings and ensure all necessary parties are named and served.