Detailed Answer
What Is a Partition Action?
In Pennsylvania, a partition action lets co-owners divide real property when they cannot agree on its use or disposition. One co-owner files a lawsuit in civil court asking the judge to physically divide the land or order its sale and divide the proceeds. The legal basis for these actions appears in 20 Pa.C.S. §§ 7621–7635 (Partition of Real Property).
Key Steps to Force a Sale Through Partition
- Prepare and File a Complaint: Any co-owner may file a complaint in the county where the property lies. The complaint must identify all co-owners and state whether you seek a physical division or sale of the property.
- Serve All Co-owners: The plaintiff must serve every co-owner and any lienholders according to the Pennsylvania Rules of Civil Procedure, Rule 1561 (Rules 1561–1573).
- Pretrial Conference and Valuation: Parties attend a conference where the court may order an appraisal. A neutral appraiser values the entire property and, if feasible, proposed subdivisions.
- Motion for Sale: If physical division is impractical or unfair, any party can move the court to order a sale. The court balances factors like size, location, and improvements.
- Public Auction or Private Sale: The court typically orders a public auction. It may set minimum bids, reserve prices, and sale procedures to protect owners’ interests.
- Distribution of Proceeds: After sale, the court pays liens and mortgages from the sale proceeds, then distributes the balance among co-owners according to their ownership shares.
Court-Ordered Sale Under Pennsylvania Law
Pennsylvania law (§ 7625) explicitly authorizes sale when division in kind is “impracticable or inequitable.” See 20 Pa.C.S. § 7625(a) (Sale of Property). After orders, the sheriff or an appointed officer conducts the sale following court guidelines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Gather deeds and mortgage documents before filing to identify all interests.
- Consider mediation to avoid court costs and delays.
- Ask the court for an appraisal if property value is disputed.
- Consult local rules for auction procedures and bid deadlines.
- Track all court filings and deadlines to protect your rights.