Understanding the Two-Phase Partition Action in Pennsylvania
Joint real estate ownership in Pennsylvania is governed by a specific set of court procedures. Unlike other states, Pennsylvania follows Rules of Civil Procedure 1551 through 1574 to manage disputes.
These rules split every partition case into two very distinct and sequential legal phases.
This structured approach ensures that ownership rights are fully verified before any property is sold. If you co-own land in Pennsylvania, you have an absolute right to start this process. You can file your complaint in the local Court of Common Pleas to begin.
Phase One: Establishing the Right to Partition
The first stage of partition action in Pennsylvania concerns only the legal title. The court first needs to verify that the parties in question actually co-own the property. The court also needs to determine the ownership stake for each co-owner. This stage may require extensive research of deeds and other documents detailing previous ownership.
If the judge agrees that partition is necessary, they will issue an Order Directing Partition. This document has to be recorded in the county, as it is the first legal step in partitioning a co-ownership property.
Once the order is recorded, it legally terminates the Joint Tenancy and establishes a Tenancy in Common.
Phase Two: The Role of the Hearing Officer
Once the court orders partition, the case enters the second complex phase. In many Pennsylvania counties, the court appoints a Hearing Officer or a Master. This impartial officer is tasked with determining the most effective way to divide the assets.
Typically, they conduct a pre-trial to determine whether the owners can reach an out-of-court settlement.
If there is no settlement, the Officer will conduct an evidentiary hearing for the judge. This includes reviewing property valuations, mortgages, and repair costs, and who among the owners has to pay what.
The Hearing Officer prepares and submits a report to the court with a recommendation for either a physical division or a sale of the property.
Physical Purports versus the Necessity of Sale
Pennsylvania law has historically favored physically dividing land into separate parcels.
- Physical Purparts: This involves carving the land into smaller pieces so each owner stays local.
- Partition by Sale: If dividing the land would prejudice the owners, a sale is ordered.
Most residential homes in Pennsylvania are resolved through a sale because they cannot be split. The Hearing Officer manages the sale’s logistics to ensure a fair price. They also handle the final Schedule of Distribution to pay out the owners’ shares.
This schedule accounts for all credits owed to owners who paid for property taxes. Pennsylvania’s unique system provides a highly organized path to recover your real estate investment.
Contact our Pennsylvania partitionattorneys today to start Phase One of your property division.
