Can a co-owner be forced to sell a jointly owned property in Pennsylvania?

Short answer: Yes. In Pennsylvania a co-owner can force a sale by bringing a partition action in the Court of Common Pleas. If the court finds the property cannot be fairly divided “in kind,” it can order a sale and divide the net proceeds among the owners after paying liens, taxes, and costs. This article explains how that process works, what steps you should take, and practical tips for preparing and protecting your interests.

Disclaimer

This is general informational material and not legal advice. I am not a lawyer. Laws change and every situation is different. Consult a licensed Pennsylvania attorney before taking legal action.

Detailed answer — How a forced sale (partition) works in Pennsylvania

1. What is a partition action?

A partition action is a lawsuit filed by a co-owner to divide the ownership interests in real property. The Court of Common Pleas handles partition proceedings in Pennsylvania. The court’s goal is to give each co-owner their fair share. When a physical division is impractical or would significantly reduce value, the court can order a sale and distribute proceeds proportionally.

2. Who can bring a partition action?

Any person who holds an ownership interest in the property (fee simple owner, co-tenant, joint tenants depending on title language) can file a partition complaint seeking division or sale. If title is in multiple names, each named owner typically has standing.

3. Where and how do you start?

– File a complaint for partition in the Court of Common Pleas in the county where the property sits. The complaint names all known co-owners, lienholders, and interested parties (mortgagees, judgment creditors).
– Serve the complaint according to Pennsylvania civil procedure. Defendants normally have an opportunity to answer or object.
– The court will consider whether partition in kind (physically dividing the land) is practical. If not, it will order the property sold and allocate net proceeds.

4. Types of relief the court can grant

– Partition in kind: physical division of land into portions corresponding to each owner’s share. This suits large parcels that can be fairly divided.
– Partition by sale: when division would be impractical or inequitable. The court can order a public sale (often by a court-appointed master, referee, commissioner, or sheriff) and distribute proceeds.
– Appointment of a receiver or commissioner: if owners disagree about maintenance, rents, or access, the court can appoint someone to manage the property, collect rents, or conduct the sale.

5. What happens at sale and distribution?

– The court clears the title (addresses liens or directs how lien holders will be paid).
– A master or other official usually conducts the sale, following court rules. Sale proceeds pay taxes, mortgages, liens, court costs, commission, and necessary repairs. Net proceeds are divided according to ownership shares or a court determination of equitable division.

6. What if a co-owner refuses mediation or refuses to cooperate?

Refusing mediation does not prevent you from filing a partition action. Mediations are often encouraged but not mandatory to force a sale. If a co-owner refuses to vacate after the sale, the court can issue orders to clear title and, if necessary, authorize law-enforcement-assisted evictions under court direction. If a co-owner is occupying the property and withholding rents or benefits, ask the court to appoint a receiver to collect rents and preserve value during litigation.

7. Timing and costs

Partition actions typically take several months to over a year depending on complexity, title issues, and whether the case settles. Costs include court filing fees, service fees, attorney fees (if you hire counsel), appraisals, title searches, and sale expenses. The court may allow recovery of certain costs from the sale proceeds.

8. Practical alternatives before filing

– Buyout: offer to buy your co-owner’s share using an appraisal or comparable market analysis.
– Voluntary sale: agree to list the property and split proceeds. This saves time and costs.
– Mediation or arbitration: even if one co-owner refuses at first, a formal mediated settlement can resolve valuation and timing.

9. Tax and financial consequences

Selling a property triggers capital gains and other tax consequences. Each owner should talk to a tax advisor about basis, gains allocation, and how proceeds will be reported. Mortgage lenders may require payoff at sale; unpaid mortgage liens normally must be satisfied before distribution.

10. Where to find official information and court rules

– Pennsylvania Unified Judicial System — court information and local rules: https://www.pacourts.us/
– Pennsylvania General Assembly (statutes and consolidated statutes search): https://www.legis.state.pa.us/

Helpful Hints

• Gather title documents: deed, mortgage statements, any trust or will language affecting ownership, and a recent title report if available.
• Get a professional appraisal early to support valuation or a buyout offer.
• Document communications: keep emails, texts, and letters showing attempts to negotiate or mediate — courts like to see you tried to resolve disputes.
• Collect financial records for the property: tax bills, utility bills, maintenance costs, rental agreements, and any records of improvements affecting equitable division.
• Consider a short-term receiver motion if a co-owner is damaging the property or withholding rental income.
• Before filing, get an estimate of legal fees and likely court costs from a Pennsylvania real estate litigator so you can compare with settlement/buyout costs.
• Be prepared for liens and mortgage payoff requirements. A lienholder must usually be paid from sale proceeds.
• If you plan to buy out your co-owner, use a written agreement, an independent appraisal, and comply with mortgage lender requirements if you refinance or assume a loan.
• Check county-specific procedures and forms. Filing practice varies by county and local rules will affect timelines and required paperwork.
• Consult a licensed Pennsylvania attorney to discuss strategy and to draft pleadings — partition law and procedure can be technical and varies by county.

Next steps

If you want to move forward:

1. Collect the documents listed above.
2. Get a current appraisal or market analysis.
3. Contact a Pennsylvania real estate litigation or civil trial attorney and ask about filing a partition action in the correct county Court of Common Pleas.
4. Consider requesting mediation first if you want a faster, lower-cost solution — but be prepared to file if the co-owner refuses to cooperate.

If you need help finding an attorney in Pennsylvania, use the Pennsylvania Bar Association referral resources or contact your county bar association; most counties have referral services that can direct you to lawyers who handle partition and real estate disputes.