Filing a Partition Action in New Jersey to Divide Inherited Property When a Co-Owner Refuses to Cooperate

Short answer: If a co-owner refuses to cooperate, you can ask a New Jersey court to force a partition (division) of the property. The typical path is: confirm ownership, try demand/mediation, file a partition complaint in the appropriate county Civil Part, serve the co-owner, ask the court for physical division or sale, and follow the court’s order for distribution of proceeds. This article explains each step, the documents you’ll need, what the court will decide, and how to protect your interests.

Disclaimer

This article is educational only and is not legal advice. I am not a lawyer. For guidance tailored to your facts and to protect your legal rights, consult a licensed New Jersey attorney.

Detailed answer — step-by-step under New Jersey law

1. Confirm who owns the property and in what shares

Before filing, gather proof of ownership: the deed, death certificate, probate papers (letters testamentary or letters of administration) if the property passed through an estate, or a certified copy of the will. Check the deed to learn how title is held (tenants in common, joint tenants, etc.). Tenants in common commonly result in partition disputes because each owner has a distinct share that can be divided.

2. Try to resolve the dispute without court

Courts expect parties to attempt resolution first. Send a written demand asking the co-owner to negotiate a buyout, a voluntary division, or mediation. Keep copies of all communications. Mediation is often faster and cheaper than litigation. If you reach agreement, record any deed transfers or written settlement so the property title is clear.

3. When to file a partition complaint

If negotiation fails, file a complaint for partition in the County Civil Part where the property sits. The complaint typically:

Names all owners and interested parties (mortgage holders, lienholders, tenants).
Describes the property and ownership shares.
Asks the court to divide the property physically (partition in kind) or, if that’s impractical, to order a sale and divide the proceeds (partition by sale).
May request related relief (accounting for rents, appointment of a commissioner, payment of fees, or temporary injunctive relief to prevent waste or sale).

4. Service, response, and early court procedures

After filing, you must serve the complaint and summons on the noncooperating owner and any other interested parties. They will have the time set by court rules to answer. If they don’t answer, you may seek default relief. If they answer and contest the relief, the case proceeds to discovery and possibly hearing.

5. Physical division vs. sale

The court will consider whether the land can be fairly divided without materially reducing value or causing inequity. If the property can be conveniently and fairly divided (e.g., naturally separable lots), the court may order partition in kind. More commonly—especially with single-family homes—the court orders partition by sale. The court may appoint a commissioner or master to survey and recommend division or to manage a sale.

6. Commissioner, sale process, and distribution

If the court orders sale, it usually appoints an official (commonly called a commissioner) to sell the property at public auction or by private sale under court supervision. The commissioner handles advertising, sale procedures, and reporting to the court. After sale, the court will pay liens, mortgages, taxes, sale costs, and legal fees, and then distribute the net proceeds to owners according to their ownership shares or as the court’s accounting requires.

7. Temporary and emergency relief you can seek

In your complaint you can ask the court for interim relief, such as:

An accounting for rents, profits, or utilities (if tenants occupy the property).
An injunction to prevent waste, removal of fixtures, or unilateral sale of the property.
A temporary receiver to collect rents or preserve the property.

8. Common complications to prepare for

Mortgages and liens: These generally must be paid from sale proceeds or otherwise resolved before distribution.
Title disputes: If ownership is unclear, the court may require additional evidence or ancillary proceedings.
Claims by non-owners (heirs, creditors): They must be named and given notice.
Costs and attorney fees: Courts may allocate fees and costs; in some cases, the court orders one party to pay if they acted unreasonably.

9. Timeline and costs

Timeline varies. An uncontested partition that can be handled administratively may take a few months; contested cases with discovery, title issues, and final sale often take 6–18 months or longer. Costs include filing fees, appraisal and survey costs, commissioner fees, advertising and auction costs, and attorneys’ fees.

10. Practical checklist — documents and steps before filing

Deed(s) and chain of title.
Death certificate and probate papers (if inherited).
Mortgage statements and lien searches.
Property tax records and utility bills.
Copies of any written offers or settlement attempts and correspondence with the co-owner.
Contact information for all co-owners and potential lienholders.

Statutory and court resources (New Jersey)

Partition procedures are governed by state statute and court rules and by general civil procedure. For official information see:

New Jersey Courts — Self-Help & forms: https://www.njcourts.gov/
New Jersey Legislature (statutes and searchable code): https://www.njleg.state.nj.us/
New Jersey State Bar Association — finding a lawyer: https://tcms.njsba.com/personifyebusiness/LegalDirectory/Search.aspx

Note: partition actions follow statutory law and civil rules; a local New Jersey attorney can point you to the exact statutes and court rules that apply to your county and case.

Helpful Hints

Document every attempt at voluntary resolution. Courts favor parties who tried to negotiate.
Get a title report early. Unknown liens or easements can change strategy.
Consider obtaining an appraisal and a survey before filing to support your position about fair division or sale value.
Use mediation to save time and expense. Many county courts offer mediation or court-sponsored settlement conferences.
If the property produces income (rent), ask the court for interim accounting so you do not lose rental value while the case proceeds.
Ask your attorney about temporary orders to prevent waste—especially if the uncooperative co-owner might remove fixtures or let the property deteriorate.
Be prepared for costs; sometimes a buyout negotiated between owners is cheaper than a court-ordered sale.

When to talk to a lawyer

Consult an attorney if any of the following apply: the other owner actively opposes sale or partition; there are mortgages or unknown liens; title is unclear; the property has significant value; or you need temporary relief (injunction, receiver, or accounting). An attorney can help with drafting the complaint, serving parties correctly, handling discovery, and protecting your share.

If you want, collect the documents listed above and contact a New Jersey real estate or estate litigation attorney for an initial consultation.