Detailed Answer
In Pennsylvania, a partition action lets co-owners divide or sell jointly held real estate when they cannot agree on its use or disposition. You must follow the Partition of Real Property Act, 68 Pa.C.S. §§ 901–915, and the Pennsylvania Rules of Civil Procedure (Pa. R.C.P. 1571–1573). Below are the core steps to initiate or consent to a partition before a court-appointed commissioner.
- Identify Eligible Parties
Any owner of a legal or equitable interest in the property can initiate or consent. See 68 Pa.C.S. § 902(b) (link). - Prepare and File the Complaint
File a Complaint in Partition in the Court of Common Pleas where the property lies. Under Pa. R.C.P. 1571, the Complaint must:- Describe the property.
- Name all co-owners (plaintiffs and defendants) and their interest.
- Pray for partition in kind—or, if a physical division is impracticable, a sale and distribution of proceeds.
- Serve Summons and Complaint
You must serve all co-owners in accordance with Pa. R.C.P. 402. If a co-owner’s whereabouts are unknown, seek service by publication under Pa. R.C.P. 430. - Appointment of Commissioner
Once the court issues a rule to show cause and no objections arise, the court appoints a partition commissioner. See 68 Pa.C.S. §§ 907–908 (§ 907, § 908).- The commissioner inspects the property and reports whether partition in kind is feasible.
- If in-kind partition is impracticable, the commissioner recommends a public sale.
- Commissioner’s Report
The commissioner files a written report with the court and serves it on all parties. The report must include a property description, plan of division or sale terms, and recommended allocations under 68 Pa.C.S. § 909 (link). - Consent to the Report
Any co-owner may consent in writing to the commissioner’s plan. File the written consent with the prothonotary. Joint written consent expedites confirmation and skips hearings under Pa. R.C.P. 1572(b). - Exceptions and Confirmation
If a co-owner objects, file exceptions within 20 days of service of the report. The court hears exceptions, confirms or modifies the report, and enters a decree. See Pa. R.C.P. 1573. - Final Decree and Conveyance
After confirmation, the prothonotary enters a Final Decree of Partition. The commissioner or clerk issues deeds to each party or a master’s deed to the purchaser if sold. Parties receive proceeds according to their ownership interests.
Helpful Hints
- Review title records early to identify all co-owners and encumbrances.
- Verify proper property descriptions with a licensed surveyor.
- Serve co-owners promptly to avoid delays or default judgments.
- Meet all procedural deadlines under Pa. R.C.P. 1571–1573 to protect your rights.
- Keep copies of the commissioner’s report and any consents or exceptions.
- Consider mediation if co-owners wish to negotiate a private settlement before sale.
Disclaimer: This blog is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney licensed in Pennsylvania.