Phase 1 of the partition process is where the Court is asked to determine all of the basic facts surrounding the disputed property itself. 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.The requirement of an MSA varies from state to state, as well as among counties and courthouses. An overview of marital and non-marital property under Pennsylvania divorce law and how to best protect your assets and interests. In Pennsylvania, only the marital property will be divided. The court presumes that any property you acquire during marriage is marital property. 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.