In a partition action, one party can force the judicial sale of the property to the highest bidder with the net proceeds divided among the coowners. Partition rights allow a cotenant to force the other owners to buy them out or force the land to be sold.A partition action is a legal process to divide or sell jointly owned property when coowners cannot agree. Partition is the division of real property between two or more co-owners. If the parties on a deed decide that they cannot own the property together, they can file a lawsuit asking the court to partition the real estate.