What Is a Partition Action?

A partition action is a lawsuit that lets a co-owner of real property force a resolution when the owners cannot agree on what to do with it. It commonly comes up when siblings inherit a home together and one wants to sell while another refuses. The court can order the property sold and the proceeds divided, or in rare cases physically divided.

Why it is a last resort

Partition works, but it is slow, public, and expensive, with attorney fees and court costs eating into everyone's share. It also strains family relationships. Because any co-owner can ultimately pursue it, the mere possibility often motivates a negotiated solution, such as a buyout or a voluntary sale, which is almost always faster and cheaper. We help sibling groups reach that voluntary sale so a partition action never becomes necessary.