PA partition action

PA partition action — when co-owners can't agree on selling

Name: ABE Homes
Telephone: (484) 895-1352
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A property has 2, 3, sometimes 6 owners — siblings who inherited, ex-spouses still on title, a parent and adult child, business partners. One owner wants to sell. Another doesn't. This is more common than it looks, and Pennsylvania has a specific legal remedy: the partition action. But before spending $8,000–$25,000 in attorney fees and 9–18 months waiting for the court to order the sale, there's often a simpler path.

What is a PA partition action?

A partition action is a lawsuit filed in the county Court of Common Pleas by one co-owner against the other co-owners. The court has two options under 68 Pa.C.S. § 101 et seq.: (1) Partition in kind — physically divide the property (rarely feasible for a single house), or (2) Partition by sale — order the property sold and divide proceeds according to ownership percentages. Because few houses can be physically split, almost all real-estate partition actions end in a forced sale.

Timeline and cost

Partition actions typically run 9–18 months from filing to closing. The timeline: file the complaint (month 1), notification to all co-owners (month 2), responses + discovery (months 2–6), court-appointed master or appraiser (months 6–9), hearing (months 9–12), order of sale (months 12–15), sale + closing (months 15–18). Costs: attorney fees usually $8,000–$25,000 per side, master/appraiser fees $1,500–$5,000, court costs $500–$2,000. All paid out of sale proceeds before any co-owner receives anything.

How it affects reluctant co-owners

This matters: even if a co-owner doesn't want to sell, the court can't force them to buy out the others. It can only order the sale. So if your brother living in the house doesn't want to sell but you do, the court orders the sale and the house goes to an outside buyer. Your brother gets evicted, and proceeds are split. Partition actions are not negotiable — once it's in court, someone is losing the house.

The alternative: voluntary cash sale

Before suing family or an ex-spouse, consider this: a voluntary cash sale to a legitimate buyer avoids 12+ months of litigation + $20,000–$50,000 in total fees. Co-owners sign the contract together, proceeds flow into escrow under the agreed split, and everyone walks. For reluctant co-owners, voluntary sale is often preferable because (a) they receive more money (no attorneys + court costs), (b) they have a voice in the price, and (c) the partition action will likely end in a sale anyway — just slower and more expensive.

How ABE Homes handles multi-owner properties

We buy properties with multiple co-owners routinely — sibling heirs, ex-spouses, parent + adult child. Mike Sup is an InterNACHI Certified Professional Inspector, walks the property once, writes a firm offer. After: we send the offer to ALL co-owners simultaneously (we don't negotiate separately), coordinate with each attorney, and the closing includes a proceeds allocation per the agreed percentages. Your attorney can prep the distribution agreement before closing. Close in 14–30 days instead of 12–18 months.

When a partition action really is the right call

Partition actions make sense when: (a) a co-owner is completely non-communicative or missing, (b) there are allegations of fraud or bad faith in the property, (c) one co-owner is using the property without contributing and refuses to sell, and (d) co-owners genuinely cannot agree on a price any reasonable buyer would pay. Talk to a PA real estate attorney if you have any of these. Partition is a real tool — it's just not the FIRST tool.

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Written by

Mike Sup

InterNACHI Certified Professional Inspector · #21032009 · speaks English & Spanish

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