The Short Answer

In Pennsylvania, a partition case is primarily about ending co-ownership (by dividing the property or, more commonly, selling it and splitting the proceeds). A court generally does not use partition as a simple way to “evict” a co-owner who has a legal ownership interest, but the court can issue orders that affect possession and control of the property depending on the circumstances (especially in estate-related disputes).

What Pennsylvania Law Says

In many probate and family situations, the fight over a “shared house” is really a fight over who is entitled to possess it right now and how the ownership will ultimately be resolved. Partition is one tool to end co-ownership, but Pennsylvania courts often address possession through related claims (and, in estate matters, through Orphans’ Court authority over estate property and distribution).

The Statute

The primary law that often controls possession issues in an estate context is 20 Pa.C.S. § 3535.

This statute allows the court, on petition and notice, to order a personal representative to deliver possession of real estate to a distributee who is entitled to it, and it also allows the court to require possession to be returned (or security posted) before final distribution if needed to protect other interested parties.

Why You Should Speak with an Attorney

While the general rule sounds straightforward, whether a co-owner can be ordered to leave (and under what legal theory) depends heavily on the facts and the type of co-ownership. Legal outcomes often depend on:

• Strict Deadlines: Estate and property disputes can move quickly once petitions are filed, and delay can affect possession, carrying costs, and leverage in a sale or settlement.
• Burden of Proof: If you are trying to restrict a co-owner’s occupancy, you typically need strong evidence (for example, proof of entitlement to possession in an estate, waste of the property, exclusion of other owners, or other equitable factors).
• Exceptions: The analysis changes if the property is tied to an estate administration, a divorce/entireties-to-tenants-in-common situation, or if there are claims about who is actually entitled to possession pending distribution under Orphans’ Court supervision.

Trying to handle this alone can lead to the wrong filing, the wrong court, or an order that doesn’t actually solve the possession problem—while legal fees and property expenses keep piling up.

If you want more background on how co-owner disputes often play out, you may also find these helpful: forcing the sale of a co-owned house with a sibling and tenants-in-common rights to use and access shared property.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.