The Short Answer

In Pennsylvania, a “partition” case is the court process used when co-owners of real estate (often heirs who inherited a home together) cannot agree on what to do with the property. In many situations, the practical result is a court-ordered sale of the property and a division of the net proceeds, but the outcome depends on the type of ownership and the facts.

What Pennsylvania Law Says

Partition issues frequently come up in probate when a decedent’s real estate ends up owned by multiple people (for example, siblings inheriting a house as tenants in common). If the co-owners cannot agree on keeping, buying out, or selling the property, a court can be asked to resolve the dispute and determine how the property (or sale proceeds) should be handled.

In divorce-related situations, Pennsylvania law also expressly recognizes a right to seek a sale and division of proceeds after entireties property converts to a tenancy in common.

The Statute

The primary law governing this issue (in the divorce/entireties context) is 23 Pa.C.S. § 3507.

This statute establishes that when spouses who held property as tenants by the entireties are divorced, they generally hold the property as tenants in common afterward, and either party may bring an action to have the property sold and the proceeds divided.

If your situation involves inherited property and estate administration (rather than divorce), the legal analysis often overlaps with probate issues like who holds title, what interests each heir owns, and whether the estate needs to address the real estate before (or instead of) a separate civil action.

Why You Should Speak with an Attorney

While the general concept of partition is straightforward (“the court breaks the deadlock between co-owners”), applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: In estate-related real estate disputes, timing can matter—for example, Pennsylvania law provides specific time-based triggers for certain Orphans’ Court real estate/title petitions in estate contexts. See, e.g., 20 Pa.C.S. (Decedents, Estates and Fiduciaries Code) provisions governing estate administration and real property issues.
• Burden of Proof: The court may need clear documentation of who owns what (deed language, probate records, will/intestacy shares, payments for taxes/mortgage/repairs, occupancy history), and disputes over credits and reimbursements can materially change the numbers.
• Exceptions: The “right” remedy can depend on the ownership type (tenants in common vs. joint tenancy vs. former entireties property), whether an estate is still open, and whether there are liens or other interests that must be addressed before anyone gets paid.

Trying to handle this alone can lead to avoidable delays, missed leverage in settlement, or an outcome that does not protect your financial interest in the property.

For more Pennsylvania-specific reading, you may also find these helpful: forcing the sale of inherited real estate when a co-owner won’t cooperate and partition costs and timelines in Pennsylvania.

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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.