Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Pennsylvania attorney.
Detailed Answer
If you own an inherited share of family land in Pennsylvania and a co‑owner will not agree to sell or divide the property, you can ask a court to force a partition (a court‑ordered division or sale). In Pennsylvania, partition actions are handled in the Court of Common Pleas for the county where the land is located and are governed by the Pennsylvania Rules of Civil Procedure (see Pa.R.C.P. governing partition actions) and general civil procedure rules. For official court rule resources, see the Pennsylvania Judicial System site: https://www.pacourts.us/rules-of-civil-procedure. For information about Pennsylvania courts generally, see: https://www.pacourts.us/courts/common-pleas-courts.
Who can file
- A co‑owner of the property (including someone who inherited a share as a tenant in common).
- A mortgagee or lienholder with an interest that requires protection in the action (should be named so the court can resolve priorities).
Preliminary steps (what to check and gather)
- Confirm how title is held: deed language, county deed records, and whether the ownership is tenancy in common or joint tenancy with right of survivorship. If joint tenancy with survivorship exists, the surviving joint tenant often owns the full title on the death of the other owner.
- Get copies of the deed(s), the decedent’s death certificate, any will or probate papers, mortgage statements, tax bills, surveys, and any leases or written agreements about the property.
- Do a title search through the county Recorder of Deeds (or hire a title company) to identify all recorded liens, mortgages, or other claimants who must be included in the lawsuit.
Where and how to file
- File a Complaint in Partition in the Court of Common Pleas in the county where the property is located. The complaint should name all co‑owners, lienholders, and other persons with possible claims to the property so the court can resolve all competing interests.
- The complaint typically states: a description of the property, the ownership shares, why partition is necessary, and whether you request a physical division (partition in kind) or a sale (partition by sale). You may ask the court to appoint commissioners/masters to view the property and to make recommendations.
- Serve the complaint and writ or summons on all named parties according to Pennsylvania civil procedure rules so the court has jurisdiction over them. If someone cannot be found, the court may allow publication notice or other alternate service methods.
What the court can do
- Order a partition in kind: the court may divide the land into separate parcels if a fair physical division is feasible without substantially reducing value.
- Order a partition by sale: if dividing the land fairly is impractical or would greatly reduce value, the court usually orders a public sale and divides the proceeds among owners after paying liens, costs, and taxes.
- Appoint commissioners or a master to survey, value, or recommend whether partition in kind is practical, and to oversee a sale process.
- Resolve liens and priorities: mortgages, tax liens, and other encumbrances are typically paid from sale proceeds before distributing the remainder to owners in proportion to their shares.
Timing and costs
- Time: A partition action can take several months to over a year depending on case complexity, objections, required appraisals, and scheduling in the county court.
- Costs: court filing fees, service fees, appraisal fees, compensation for commissioners, sheriff’s sale costs (if sold), and attorneys’ fees. Generally each side pays its own attorney unless the court orders otherwise.
Common legal issues and complications
- Disputes about ownership shares, easements, or unrecorded agreements.
- Outstanding mortgages or tax liens that reduce net proceeds.
- Undisclosed heirs or creditors who appear and claim an interest — the court must resolve those claims before final distribution.
- Disagreements over whether a partition in kind is practical — courts favor division when possible but will order sale when necessary to protect value.
Alternatives to filing
- Negotiate a buyout: one co‑owner buys the other’s share, ideally with a title company and written agreement.
- Agree to sell the property cooperatively and split proceeds.
- Mediation or arbitration to reach a settlement without a contested court process.
For statutory and procedural authority, consult the Pennsylvania Rules of Civil Procedure covering partition (see the Pennsylvania Judicial System rules page above) and the Pennsylvania Consolidated Statutes for related civil procedure and property provisions: https://www.legis.state.pa.us/. Your county’s Court of Common Pleas website often posts local forms and filing instructions; check that site for county‑specific requirements.
Helpful Hints
- Talk to a Pennsylvania real estate or civil litigator before filing. They can advise whether partition court is the best option and can prepare the complaint and required service documents correctly.
- Collect and organize title paperwork before the first meeting: deed, death certificate, probate documents, mortgage statements, tax bills, and a recent survey if available.
- Name everyone who might claim an interest in the complaint (heirs, devisees, lienholders). Failing to include necessary parties can delay or invalidate the final distribution.
- Consider an appraisal to help the court or commissioners determine fair value if you intend to request sale.
- If you want to keep the property, explore a buyout offer to other owners before suing — courts often order sale when parties cannot reach agreement.
- Expect that the court may appoint a neutral commissioner or master who will inspect the property and file a report for the judge’s review.
- Ask any attorney you consult about likely costs, expected timeline, whether they recommend mediation first, and how sale proceeds (if any) will be distributed after liens and costs.
If you want help locating a Pennsylvania attorney experienced with partition actions, consider contacting your local county bar association or the Pennsylvania bar referral service.