Most people understand that a partition lawsuit under Pennsylvania law can be used to force the division or sale of a vacant parcel of land owned jointly by two or more persons, or even a parcel of land with a house, cabin, or other structures on it. But we are often asked whether a partition action can be commenced in connection with a single house, or even a condominium, jointly owned by two or more people. Typically, such situations arise when a house is inherited by multiple children or other descendants after the death of a parent or grandparent. But it can also arise when, for example, an unmarried couple buys a house together as tenants in common and later breaks up, or business partners jointly purchase a house together to use as a rental property and then have a falling out.
The answer is decidedly yes — a single house owned by multiple persons can be the subject of a partition action just in the same way vacant land can be. The Rules of Civil Procedure governing partition actions in Pennsylvania do not limit the subject of a partition action to any specific type of real property. In fact, a partition action is not limited solely to disputes over real property at all but can even be commenced with respect to personal property. See, e.g., Tioga No. 2 Bldg. Ass’n v. N. Philadelphia Tr. Co., 189 A. 708, 710 (Pa. Super. Ct 1937) (personal property is subject to partition); see also 68 P.S. § 111 (providing for the right to file a partition action over jointly-owned personal property). A Complaint in Partition is merely required to contain two specific allegations: (a) a description of the property which is the subject of the lawsuit and (b) a statement of the nature and extent of the interest of each party in the property. Pa. R.C.P. 1554. The partition rules do not define the term “property” or place any limits on the type of property that can be partitioned.
While recent case authority in Pennsylvania relating to partition lawsuits is scarce — and case authority involving the partition of single houses is even scarcer — it is clear that a single house can be the subject of a partition action. See, e.g., Bednar v. Bednar, 688 A.2d 1200, 1202 (Pa. Super. Ct. 1997)(affirming order of lower court partitioning house); Takos v. Takos, 25 Pa.D.&C.2d 490 (C.P. Allegheny 1961) (partition of house in City of Pittsburgh which had been converted into several dwelling units). Unlike vacant land, however, it is virtually impossible to physically divide up a house into equitable “purparts” (i.e. pieces) for each owner to receive their fair share.[1] The only options therefore are to (1) have the entire house awarded to one of the parties by way of a private sale or (2) sell the house to a third party by way of a public sale.” See Pa.R.C.P. 1563 (“Property Not Capable of Division without Prejudice. Sale. Objections”) & 1568 (“Public Sale”).
In the event of either a private or public sale, the parties would be awarded a share of the proceeds proportional to their interest in the property, subject to any debits or credits (referred to as “owelty”) for things such as taxes paid, maintenance or improvement costs incurred, or other expenses they put into the house. While there is no Pennsylvania case authority addressing the situation, there would not seem to be any reason why a partition action could not be commenced in connection with the joint ownership of a condominium or a co-op unit.
[1] Except, perhaps, in the case of a duplex house which could conceivably be legally and physically divided into separate purparts. There is, however, no published Pennsylvania case authority addressing a partition action involving a duplex.
