Filing a partition complaint: The party seeking partition files a complaint in the Supreme Court of the county where the property is located. This office, (located in room 121) is designed to help litigants who do not have attorneys navigate the court system.Voluntary Partition: Co-owners mutually agree to divide the property without court intervention. To initiate a partition action, the petitioner must file a complaint with the appropriate court that describes the property involved. A partition sale is generally sought when there is a disagreement regarding the use of the property. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court. Uniform partition of heirs property act. 1. The most common exception is when there is a prior written agreement between the coowners regarding the ownership of the property. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.