Texas Partition Agreement With Sale In Pennsylvania
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FAQ
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
This is the doctrine of adverse possession. Under Pennsylvania law, one who claims title by adverse possession must prove actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the land for twenty-one (21) years.
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.
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.
Can One Owner Sell a Jointly Owned Property? Generally, one co-owner cannot sell the entire property without the consent of the others. However, in a tenancy in common, a party may sell their interest without seeking consent from the others.