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A judicial partition action is the last resort when property owners cannot agree among themselves about the future of their real estate. A petition for partition happens when one of the property owners pushes to sell a co-owned property to get their share of proceeds from the real property.Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. A partition action enables you to force the sale of property when coowners are refusing to sell. Completing partition action forms is in itself a challenge. When a family can't agree on the terms of the sale itself, the petition to partition can force the co-owners to sit and negotiate. 3828101 (and the following statutory provisions) is the claim for relief you make to resolve disputes between coowners of real property. A partition action is a legal claim meant to divide ownership of a piece of real property. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or uptodate.