The Short Answer

In Pennsylvania, a partition case is the legal process used to divide co-owned real estate (or, more commonly, to force a court-supervised sale and split the proceeds when division isn’t practical). Cost and timeline vary widely based on whether the other owner fights the case, whether there are liens or title issues, and whether the court orders a sale.

Because partition often overlaps with estate administration and title problems, you should speak with a Pennsylvania probate/real estate attorney early to avoid delays, unnecessary expense, or an unfavorable sale outcome.

What Pennsylvania Law Says

Partition is a court action that asks the court to resolve co-ownership when the owners cannot agree on what to do with the property. In many inherited-property situations, partition becomes the tool that converts an “undivided” ownership interest into money (after expenses, liens, and other claims are addressed) so each owner can receive their share.

The Statute

The primary law governing this issue (in many family/inherited-property situations) is 23 Pa.C.S. § 3507.

This statute establishes that after divorce, former spouses who held property as tenants by the entireties generally hold it as tenants in common, and either party may bring an action to have the property sold and the proceeds divided (subject to liens and sale expenses).

Partition can also arise in probate contexts (for example, siblings inheriting a house together). If your situation involves an estate, Orphans’ Court practice and estate administration issues can affect who must be involved and what the court can order.

Related reading: forcing the sale of a co-owned house with a sibling in Pennsylvania and whether heirs can force the sale of inherited real estate when a co-owner won’t cooperate.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Partition disputes often intersect with other time-sensitive issues (estate administration timelines, creditor claims, and court scheduling). Missing a deadline can delay the case or weaken your leverage.
• Burden of Proof: Disputes about ownership percentages, reimbursements (mortgage, taxes, insurance, repairs), occupancy, and credits/debits can turn into evidence-heavy litigation.
• Exceptions: Title defects, liens, divorce-related orders, or estate-related authority questions (who has power to act for a deceased owner’s interest) can change the available remedies and the path to sale.

Cost and timeline (high-level): A partition case can range from relatively manageable (when the other owner cooperates and title is clean) to expensive and lengthy (when there is active litigation, appraisal disputes, lien issues, or a contested sale). Typical costs can include filing fees, service costs, attorney’s fees, appraisal/valuation expenses, and sale-related expenses (and, in some cases, additional court-appointed professional fees). Timelines can range from a few months to well over a year depending on disputes and court calendars.

Trying to handle this alone can lead to procedural errors, avoidable delays, or a sale that does not protect your financial interests.

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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.