How to Force a Sale or Division of Shared Family Land in Pennsylvania

Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Pennsylvania attorney licensed in real property or civil litigation.

Detailed Answer: Forcing a Partition (Sale or Division) Under Pennsylvania Law

If you co-own a parcel of land in Pennsylvania with siblings and their children and you want the property divided or sold, you can ask a court to end the co-ownership through a partition action. A partition action is the normal legal tool co-owners use to force either a physical division of the land (partition in kind) or a sale of the land with proceeds divided among owners (partition by sale).

Which court handles a partition?

You file a partition complaint in the Court of Common Pleas of the county where the land is located. The Pennsylvania civil rules and local rules govern procedure; the statewide rules are available from the Pennsylvania courts website: Pennsylvania Rules of Civil Procedure. For background on real-property law, see Title 68 of the Pennsylvania Consolidated Statutes: 68 Pa.C.S. (Real and Personal Property).

Who can bring a partition action?

Any co-owner of real property may file a partition complaint. Co-owners include those who hold title as tenants in common or joint tenants. Note: certain ownership forms affect remedies. For example, property owned as tenancy by the entireties (reserved for married couples) cannot be partitioned by one spouse alone. If some named owners are deceased, incapacitated, or minors, the court requires proper representation (personal representative, guardian, or next friend).

What happens after you file?

Service and joinder: You must identify and serve all co-owners and all parties with recorded interests (mortgagees, lienholders). Failure to join necessary parties can delay or invalidate relief.
Record review and title issues: The court examines deeds, recorded liens, and the chain of title to determine ownership shares.
Appraisers/viewers/masters: The court frequently appoints viewers, commissioners, or a master to survey and recommend whether the property can be practically divided and, if not, the likely sale value. The court relies on their report to decide between partition in kind or partition by sale.
Partition in kind vs. partition by sale: The court prefers partition in kind when feasible—i.e., physically dividing the parcel so each co-owner receives a separate lot. If physical division is impractical or would unfairly reduce value (for example, a single-family lot that cannot be split into marketable parcels, or if division would unduly harm owners’ interests), the court orders a sale and divides proceeds according to ownership shares after paying liens, costs, and any equitable adjustments.
Distribution and credits: The court will account for mortgages, tax liens, and encumbrances, and deduct costs of the action and sale. In equity, the court may credit owners who paid more than their share of mortgage, taxes, or necessary improvements; it can also charge owners who took more than their share of rents or profits. The court’s accounting discretion aims to reach an equitable division.
Sale process: If the court orders a sale, it may direct a sheriff’s sale or a court-supervised private sale. The court approves terms and confirms the sale before distributing net proceeds.

Practical and legal complications to expect

Costs and delay: Partition actions can be time-consuming and expensive. The court will assess costs, and attorney fees may come out of sale proceeds in certain situations.
Liens and mortgages: Mortgages and liens usually attach to the property and must be paid from sale proceeds or otherwise dealt with.
Family conflict and negotiations: Courts encourage co-owners to negotiate buyouts or mediation before litigating. A buyout or voluntary sale often saves time and expense.
Title irregularities: Gap in title, unclear legal descriptions, or missing heirs can complicate the case and require additional steps (e.g., quiet title, probate involvement).

Where to find the controlling law

Pennsylvania statutes and court rules govern procedure and substantive considerations. See general property law under Title 68 of the Pennsylvania Consolidated Statutes: 68 Pa.C.S. (Real and Personal Property). For procedural rules in civil cases (including partition practice guidance), see the Pennsylvania Rules of Civil Procedure: Pa. R.C.P.. County-level local rules for the Court of Common Pleas can affect timelines and forms; check the specific county court’s website where the property sits.

Helpful Hints

Confirm ownership type: Pull the deed to determine whether title is held as tenants in common, joint tenants, or tenants by the entireties. That affects remedies and rights.
Try negotiation first: Offer a buyout, propose that one party buy the property, or mediate a voluntary sale. Document offers and responses in writing.
Get a professional appraisal: A current appraisal helps set a fair buyout price or expected sale proceeds.
Collect paperwork: Gather deeds, title insurance, mortgage statements, tax bills, insurance records, improvement receipts, and any prior agreements among owners.
List all interested parties and encumbrances: Identify all co-owners, their addresses, mortgage lenders, and lienholders so the complaint can join necessary parties.
Consider temporary orders: You can ask the court for temporary relief—e.g., an accounting of rents, an injunction stopping one co-owner from evicting others, or orders regarding maintenance and insurance—while the partition case proceeds.
Expect equitable adjustments: Be prepared that the court may give credits or debits for mortgage payments, taxes, or improvements made by individual co-owners.
Plan for minors or estates: If any co-owner is a minor, deceased, or incapacitated, expect additional procedural steps to protect their interest (guardianship, personal representative, probate notices).
Get local legal help: Partition practice varies by county. Consult a Pennsylvania lawyer experienced in real-property partition actions to evaluate options, draft pleadings, calculate likely costs, and represent you in court.

Next Steps

Locate and review the deed and county land records to verify ownership shares and existing liens.
Try a written negotiation or mediation to settle outside court.
If negotiation fails, consult a Pennsylvania real property attorney about filing a partition complaint in the Court of Common Pleas where the property is located.

Partition actions resolve long-standing co-ownership disputes but involve procedure, costs, and timeline considerations. A thoughtful approach—attempting negotiated solutions first and preparing documentation—often yields the best result.

Key resources: Pennsylvania Consolidated Statutes (Title 68): https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=68; Pennsylvania Rules of Civil Procedure: https://www.pacourts.us/rules/regulations-and-standards/rules-of-civil-procedure.