READ THE RULES: Everything you need to know to successfully litigate a land partition action is contained in the Pennsylvania Rules of Civil Procedure. The procedure in an action for the partition of real estate shall be in accordance with the rules relating to the civil action.When co-owners of real property in Pennsylvania cannot agree on the management or sale of the property, a court can order a Partition of the property. These rules divide partition litigation into two distinct phases which must be addressed in sequential order. Pennsylvania law allows any co-owner, regardless of their ownership percentage, to file a partition action to force the division or sale of the property. The action must be commenced in the county in which the property is located. Rule 5.9 - Partition. In Pennsylvania, the property shall be divided proportionately as long as it does not spoil the whole.