To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas. The Complaint will set forth the property description, the names and addresses of the co-owners, and their interest in the property.
The first step in a real estate partition is to file a partition action lawsuit in the Chancery Division of the County Superior Court where the property is located. All of the co-owners must be named along with anyone with present or future interests in the property.
A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. 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.