The Short Answer

Under Pennsylvania law, a co-owner generally cannot sell the entire property without the other owner’s consent—but they often can transfer (sell or give) their own fractional interest, depending on how title is held. If co-owners cannot agree on keeping, using, or selling the property, a court can order a partition (often resulting in a sale and division of proceeds), but the outcome depends heavily on the type of co-ownership and the facts.

What Pennsylvania Law Says

Whether one co-owner can act without the other depends first on how the deed is titled. For example, property held with survivorship features (like certain joint ownership arrangements) can pass automatically at death and may not be part of the probate estate, while other forms (like tenancy in common) involve separate fractional interests that can be transferred and inherited.

The Statute

The primary law governing this issue (in the probate context, where co-ownership and survivorship questions often arise) is 20 Pa.C.S. § 8503.

This statute addresses how property held as joint tenants or tenants by the entirety is distributed when co-owners die in circumstances where there is not sufficient evidence they died other than simultaneously—highlighting that the form of co-ownership can control who owns the property and when.

If the property is tied up in an estate or otherwise legally difficult to convey, Pennsylvania law also allows the court of common pleas (through the appropriate division) to authorize certain real estate transactions in specific situations. See 20 Pa.C.S. § 8301.

For a deeper discussion of forcing a sale when co-owners can’t agree, see our related article: Can I force the sale of a co-owned house with my sibling in Pennsylvania if we can’t agree?.

Why You Should Speak with an Attorney

Even when the general rule seems straightforward, co-owned real estate disputes can escalate quickly and become expensive. Legal outcomes often depend on:

• Strict Deadlines: If the dispute involves a recent death, estate administration, or challenges to how title passed (for example, survivorship vs. probate), timing can affect leverage and available remedies.
• Burden of Proof: The court may require clear documentation of title, contributions, occupancy, expenses paid (mortgage, taxes, insurance), and whether one co-owner should receive credits or reimbursements from sale proceeds.
• Exceptions: The rules can change dramatically if the property was held as tenants by the entirety (often involving spouses), if an estate is involved, or if a court order is needed to authorize a transaction under statutes like 20 Pa.C.S. § 8301.

Trying to handle a partition or contested sale without counsel can lead to avoidable delays, unfavorable allocation of proceeds, or a court-ordered result you didn’t anticipate.

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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.