Detailed Answer
Short overview: When two or more people own the same piece of real estate and they cannot agree about what to do with it, the usual remedy is a court action that forces a division of the property or a sale and distribution of the proceeds. In Pennsylvania, that case is filed in the County Court of Common Pleas where the property sits. The court can order a partition in kind (physically divide the land) or a partition by sale (sell the property and split the money). This section explains what that process normally looks like and what you should expect.
1. Confirm ownership and the type of co-ownership
Before filing, identify how the title is held. Common forms are:
- Tenancy in common — each owner has an undivided share that can be sold or inherited.
- Joint tenancy with right of survivorship — interests pass automatically to surviving joint tenants on death.
Tenants in common are the most common parties in partition lawsuits. Joint tenants can also seek partition, but survival rights and title issues can affect the outcome. Get a copy of the deed from the county Recorder or Register of Deeds to confirm names, ownership shares (if listed), and any recorded liens.
2. Try non‑court options first
Court is often expensive and slow. Try these pre‑suit steps:
- Open direct negotiation with co‑owners.
- Propose a buyout: one owner buys the other(s) out at an agreed price or appraised value.
- Use mediation or neutral valuation (hire a neutral appraiser or mediator).
Document all offers and communications; the court will want to see attempts to resolve the dispute.
3. Prepare to file a partition complaint in the Court of Common Pleas
If informal settlement fails, the normal next step is filing a civil complaint for partition in the County Court of Common Pleas where the land lies. Basic elements of a complaint include:
- Identification of the property (legal description) — taken from the deed or recent survey.
- Names and service addresses of all owners and known lienholders or mortgagees.
- A short statement of title and the reason partition is sought (co‑owners cannot agree).
- Specific relief requested: partition in kind (if physically divisible) or sale and division of proceeds.
- Request that the court appoint a master/commissioner to make recommendations and carry out the division or sale.
Filing fees and local court rules vary by county. The Pennsylvania judiciary’s self‑help pages can point you to local forms and fee information: https://www.pacourts.us/resources/self-help
4. Notice and service
After filing, you must give formal notice to every party with an ownership or lien interest. Usually the complaint and related papers are served under the state rules of civil procedure (often by sheriff’s service). If parties cannot be found, the court may allow service by publication or other substituted service procedures.
5. Recorded notice of the pending action
Many parties record a notice of pendency (a lis pendens) in the county land records to put the world on notice that the property is tied up in litigation. Recording practices are handled by the county Recorder/Register of Deeds.
6. What the court can order
Common orders in a Pennsylvania partition case include:
- Partition in kind: The court divides the land into separate parcels that reflect each owner’s share. This is possible only when the property is physically divisible and division is equitable.
- Partition by sale: If division in kind is impracticable or would unfairly diminish value, the court orders sale — typically by public auction or supervised private sale — and directs distribution of net proceeds to owners after paying liens, taxes, costs, and compensation for the commissioner.
- Appointment of a commissioner or master: Courts commonly appoint a neutral person (commissioner) to survey, divide, supervise the sale, or handle accounting and distribution. The commissioner files reports for court approval.
- Accounting and offsets: The court can require an accounting for rents, profits, mortgage payments, taxes, or improvements paid by one owner and adjust distributions accordingly.
7. Timing and costs
Partition cases can take months to years depending on complexity, number of parties, title problems, and appeals. Costs include court fees, commissioner fees, appraisal costs, title clearing, attorneys’ fees (if allowed by agreement or the court), and sale costs. The court may allocate costs among the parties or charge them to proceeds of sale.
8. Common complications
- Multiple recorded mortgages or liens — lien priority must be respected; mortgage holders usually get paid from sale proceeds.
- Gas, mineral rights, easements, or leases — interests that affect value may require separate handling.
- Unknown owners or missing heirs — the court may require additional notice steps, bond, or appointment of a guardian ad litem.
- Tax consequences — sale proceeds can trigger capital gains tax; consult a tax advisor.
9. Practical next steps you can take right now
- Obtain a copy of the deed and recent tax assessment from the county Recorder of Deeds and Tax Assessor.
- Ask for a current mortgage and lien search (title search) or order it through a title company.
- Get at least one market appraisal or broker price opinion to guide settlement discussions.
- Try a mediated settlement before filing to save time and money.
- If filing, contact the Court of Common Pleas clerk in the county where the property is located to learn local filing requirements and fees; Pennsylvania court self‑help: https://www.pacourts.us/resources/self-help
10. When to consult a lawyer
Consult an attorney if any of the following apply:
- Title is unclear or there are many lienholders.
- Significant dispute about ownership shares or about contributions to mortgage, taxes, or improvements.
- Complex property issues (mineral rights, leases, environmental concerns).
- You need help preparing pleadings, serving parties, or representing you at hearings.
Helpful Pennsylvania resources:
- Pennsylvania Courts — Self Help and court information: https://www.pacourts.us/resources/self-help
- Pennsylvania Rules of Civil Procedure and local court rules — check your county Court of Common Pleas website via https://www.pacourts.us
- County Recorder/Register of Deeds office — for deeds, liens, and property records (search your county government website).
Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Pennsylvania attorney.
Helpful Hints
- Start by getting the deed and a title search to know exactly who must join the suit.
- Keep careful records of payments for mortgage, taxes, insurance, and improvements — the court may adjust division based on contributions.
- Record a lis pendens after filing to protect the property from transfer during litigation.
- Consider a professional appraisal early to set realistic expectations for buyouts or sales.
- Mediation before filing often reduces costs and preserves relationships among co‑owners.
- If you are low on time or funds, ask the court for an expedited schedule or a temporary order to protect the property until final resolution.
- Check county court rules for local filing forms and fee waivers if you cannot afford fees.