Detailed answer — how the process works in Pennsylvania

Short answer: Yes. In Pennsylvania a co‑owner (including an heir who inherits a share as a tenant in common) can generally ask a court to force a sale of real property through a partition action even if other heirs refuse mediation or refuse to sign a sale agreement. Mediation and voluntary agreement are often encouraged first, but a refusal to cooperate does not usually prevent a court from ordering a sale when a partition in kind (physically dividing the land) is impractical or unfair.

How this typically plays out:

• Who can file: Any co‑owner or heir who owns an undivided interest (usually as a tenant in common) can file a partition complaint in the county court of common pleas. If the property is still in probate, the personal representative may also have certain powers to sell estate property, but that is handled under probate rules.
• Partition in kind vs partition by sale: The court first considers whether the property can be divided fairly (partition in kind). If the court finds physical division would be impractical, inequitable, or would materially reduce value, it will order a partition by sale — a forced sale of the whole property with the proceeds divided among the owners according to ownership shares.
• Refusal to mediate or sign: Pennsylvania courts often encourage or require attempts at settlement or mediation, but they cannot force every co‑owner to sign a private sale contract. If mediation fails or an heir refuses to sign, the moving party can continue the partition action. The court has the authority to appoint a commissioner or master to handle the sale and to issue orders compelling the sale and distribution of proceeds.
• How the sale happens: The court may appoint a commissioner, master, or sheriff to sell the property, often by public auction or by private sale supervised by the court. The court will approve terms and confirm the sale. After sale, the court deducts liens, mortgages, taxes, statutory costs, and court costs, and then divides the net proceeds among the owners according to their legal interests.
• Effect of mortgages, liens, or homestead/exemptions: Outstanding mortgages or liens remain attached to the property and will be paid from sale proceeds. If a co‑owner claims a homestead or other legal exemption, that may affect the process — an attorney can advise whether the exemption applies and how to deal with it.
• Tenancy type matters: If owners hold title as tenants by entirety (generally only married couples in some states) or as joint tenants with right of survivorship, the ability to force sale can differ. In Pennsylvania, many heirs will be tenants in common after a decedent’s interest passes; an experienced attorney can confirm how title is held and whether a partition action is appropriate.

Where to look for court resources and rules: Pennsylvania trial courts and local county court of common pleas websites explain filing procedures and local requirements. If the property is still part of an estate, check the county Orphans’ Court or Register of Wills pages for guidance on estate sales and the powers of executors/administrators.

Important note: This article explains general Pennsylvania practice. Courts have discretion and results can vary depending on facts (title type, mortgages, liens, prior agreements, minors or incapacitated owners, or other legal claims).

Disclaimer: This is educational information, not legal advice. For tailored advice, consult a Pennsylvania attorney about your specific situation.

Typical court steps if heirs refuse mediation or won’t sign

1. File a partition complaint in the county court of common pleas where the property sits.
2. Serve the other co‑owners/heirs with the complaint and allow time to respond. The court may require a scheduling conference or suggest mediation.
3. If mediation fails or is refused, the court proceeds. The court may hold hearings to determine whether partition in kind is feasible.
4. If partition in kind is impractical, the court orders a sale and appoints a commissioner/master to handle sale mechanics.
5. The property is sold (public auction or court‑approved private sale); the court confirms the sale and directs distribution of net proceeds.

What to expect on timing, costs, and likely outcomes

• Timeline: A partition action can take months to more than a year depending on court schedules, complexity of title issues, liens, or disputes.
• Costs: Filing fees, service costs, attorney fees, and costs for a commissioner/master’s services and sale expenses come out of the proceeds. Courts may allocate costs between parties in some cases.
• Distribution: After paying liens and costs, the court divides remaining proceeds according to each owner’s legal share. If ownership shares are unequal, proceeds follow those percentages unless the court orders otherwise for fairness.
• Possible sanctions: If an heir unreasonably refuses mediation or obstructs the process, courts may consider that behavior when awarding costs or fees — but courts rarely bar a party from defending their rights.

Helpful hints — practical steps before filing or hiring an attorney

• Confirm how title is held: Obtain the deed(s) and a current title report. Determine whether ownership is tenancy in common, joint tenancy, or another form.
• Gather paperwork: Deeds, mortgage statements, tax bills, probate paperwork (if any), prior settlement agreements, wills, and trust documents.
• Try negotiation first: Offer a buy‑out based on a professional appraisal or market analysis. An independent appraisal can support a fair buy‑out number.
• Consider mediation: Even if some heirs resist, offering mediation in writing creates a record that you tried to settle — this can help later in court.
• Be prepared for liens and mortgage payoff: Lenders’ rights will usually be satisfied from sale proceeds; communicate with mortgage holders early to understand payoff amounts.
• Get clear on taxes: Capital gains, estate tax issues, and real estate transfer taxes may arise; consult a tax professional if needed.
• Talk to an attorney: A Pennsylvania attorney experienced in real estate/estate litigation can evaluate chances, prepare the partition complaint, and explain local court rules and timelines.

When a sale might NOT be possible

• If title shows ownership that prevents partition (for example, certain survivorship or statutory protections), the court cannot force a sale contrary to law.
• If a co‑owner is a minor or subject to guardianship, special procedures protect that person’s interests and may delay sale until the court approves a guardian or settlement.
• If the property is subject to a binding co‑ownership agreement that restricts sale, the court will consider the parties’ contract terms.