How to Force a Sale or Buyout of a Co‑Owned Home in Pennsylvania
Short answer: If you own an interest in your parents’ house and a co‑owner (for example, a sibling) refuses to cooperate, you can file a partition action in the Pennsylvania Court of Common Pleas to divide the property or force its sale. If the court orders a sale, the proceeds are divided among owners according to their shares. Alternatively, the court or owners can effect a buyout so one owner keeps the property by paying the others fair value.
Disclaimer
This article is for general information only and is not legal advice. I am not a lawyer. Laws change, and every situation is different. Consult a Pennsylvania attorney before taking legal action.
Who can start a partition action?
Only someone who holds a legal ownership interest in the property can bring a partition action. Common ownership types include tenancy in common and joint tenancy. If title is solely in your parents’ names, adult children who are not on the deed do not have an ownership interest and cannot force a partition. If you are listed on the deed (even with your sibling), you likely can file.
Overview of the partition process in Pennsylvania
Partition actions in Pennsylvania proceed in the county’s Court of Common Pleas where the property is located. While procedures vary by county, the typical steps are:
- Confirm ownership and shares. Obtain a certified copy of the deed from the county recorder or clerk of deeds. Determine whether ownership is as tenants in common (separate shares) or joint tenants (survivorship). A deed, mortgage records, and title search will show this.
- Attempt negotiation first. Before filing, send a written demand asking the co‑owner to either buy out your share or agree to a sale. Mediation or a neutral valuation may resolve things without a lawsuit.
- Prepare and file the complaint for partition. If negotiation fails, file a complaint for partition in the Court of Common Pleas. The complaint usually must:
- Identify the property (legal description), each owner, and each owner’s claimed share;
- Ask the court to divide the property in kind if possible, or to order a sale and divide proceeds;
- Request appointment of commissioners, viewers, or a master to survey, value, or manage the sale;
- Pray for any accounting for rents, profits, mortgages, liens, or repairs.
- Serve all interested parties. Every person with a recorded interest must be served. The court will not proceed until all necessary parties are before it.
- Court investigation and possible partition in kind. The court typically first considers whether the property can be divided physically (partition in kind). If the property can be divided without unfairness or prejudice, the court may order that division and adjust boundaries or shares.
- If partition in kind is impractical, the court orders a sale. When an in‑kind division is impractical or inequitable (common for single-family houses on a single lot), the court orders a public sale. The court may appoint a trustee, commissioner, or sheriff to conduct the sale. Sale proceeds pay liens, costs, and then are divided by ownership shares.
- Buyout options. At any point before a final sale, co‑owners can agree to a buyout: one owner pays the others their fair shares (often based on an appraisal or court valuation). The court may facilitate or approve a buyout arrangement as part of the partition process.
- Accounting and distribution. The court oversees payment of mortgages, liens, taxes, costs of sale, and any rent or credit adjustments. The balance goes to the owners based on ownership shares.
Costs, timeline, and likely outcomes
- Timeline: A partition action often takes several months to a year or more, depending on contested issues, the need for appraisal, and court schedules.
- Costs: Expect filing fees, service fees, attorney fees, appraisal and survey costs, and costs of sale (auction fees, trustee fees). These may be charged against the sale proceeds.
- Outcome: Courts often order sale for single‑lot residential properties. Courts rarely divide a single house into separate parcels without significant changes or inequity.
Special issues when the property is a family home
If one or more owners live in the home (for example a parent), the court may consider occupancy, contributions to mortgage or maintenance, and equitable considerations such as improvements. If the property contains a homestead exemption or other statutory protections, the court may address those in deciding the method of partition, payment priorities, and timing of sale. Consult a lawyer to identify specific statutory protections that might apply in your case.
Practical tips before filing
- Get a current title report. Confirm who appears on recorded title and whether any mortgages, liens, or judgments exist.
- Get one or two appraisals to set realistic buyout or sale expectations.
- Try a written buyout offer with a clear valuation and timeline. A formal offer can improve your negotiating position and may be admissible in court.
- Collect records of payments (mortgage, taxes, repairs) showing contributions by each owner—this matters in any accounting.
- Consider mediation. Many counties require or strongly encourage mediation in partition and family-property disputes.
Where to file and where to learn more
File the complaint in the Court of Common Pleas in the county where the property is located. Court procedures vary by county; contact the prothonotary (civil filings office) or look up local court rules.
General Pennsylvania court resources:
- Pennsylvania Unified Judicial System (general court information)
- Pennsylvania General Assembly (statutes and legislative resources)
When to talk to an attorney
Talk to a Pennsylvania real estate or civil litigation attorney if:
- Title is unclear or disputed.
- Significant liens, mortgages, or creditor claims exist.
- A co‑owner refuses to cooperate or removes property from the premises.
- You want to negotiate a buyout and need help drafting the agreement.
Helpful Hints
- Confirm you actually own an interest—no deed = no partition right.
- Get a title search early to learn about liens and encumbrances.
- Document all payments you made for mortgage, taxes, or repairs—you may get credits in the final accounting.
- Offer a reasonable buyout first; it can be faster and cheaper than litigation.
- Consider mediation to preserve family relationships and reduce costs.
- Be prepared for court costs and a sale that may net less than a private sale because of forced‑sale timing and costs.
- Ask the prothonotary in the county where the property sits for local procedural requirements and sample forms.
If you want, I can outline what to include in a written demand letter to your sibling or give a sample negotiation script. I can also list questions to bring to a Pennsylvania attorney.