Partition Action Complaint - Pennsylvania

COMPLAINT IN PARTITION OF REAL PROPERTY — PENNSYLVANIA

COURT OF COMMON PLEAS OF [____] COUNTY, PENNSYLVANIA

CIVIL ACTION — LAW

No.: [______________]

COMPLAINT IN PARTITION (Pa. R. Civ. P. 1551 et seq.)

NOTICE TO DEFEND

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.\n\nIF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

[County Lawyer Referral Service Name] · [Address] · [Phone]

COMPLAINT IN PARTITION

Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel, files this Complaint in Partition and avers:

I. PARTIES AND VENUE

1. Plaintiff is [an adult individual residing at / an entity with a principal place of business at] [________________________________].

2. Defendant [DEFENDANT 1] is [an adult individual residing at / an entity with a principal place of business at] [________________________________], and is a co-tenant of the Subject Property.

3. Defendant [DEFENDANT 2] is [________________________________]. All co-tenants other than Plaintiff are joined as Defendants pursuant to Pa. R. Civ. P. 1553.

4. Venue is proper in [____] County pursuant to Pa. R. Civ. P. 1552, as all or part of the real property that is the subject of this action is located in [____] County, Pennsylvania.

II. THE SUBJECT REAL PROPERTY (Pa. R. Civ. P. 1554(a))

5. The real property at issue (the "Subject Property") is located in [____] County, Pennsylvania, and is described as follows:

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Tax Parcel / Folio No.: [____________]
Street Address (reference only): [________________________________]
Recording reference: Deed Book [______], Page [______] / Instrument No. [______]

III. NATURE AND EXTENT OF INTERESTS (Pa. R. Civ. P. 1554(b))

6. Plaintiff and the Defendants hold title to the Subject Property as [tenants in common / joint tenants with right of survivorship]. The nature and extent of each party's interest is as follows:

7. Plaintiff acquired Plaintiff's interest by [deed / devise / intestate succession] dated [__/__/____], recorded in the Office of the Recorder of Deeds of [____] County on [__/__/____] in Deed Book [____], Page [____] (Instrument No. [______]).

8. No agreement, will, or deed restriction binding all co-tenants prohibits or restricts the right of partition.

IV. ENTITLEMENT TO PARTITION (PHASE 1 — Pa. R. Civ. P. 1557)

9. Plaintiff incorporates the preceding paragraphs.

10. As a co-tenant holding an undivided interest in the Subject Property, Plaintiff is entitled to partition and requests that the Court enter an Order Directing Partition under Pa. R. Civ. P. 1557 setting forth the names of all co-tenants and the nature and extent of their respective interests.

11. Plaintiff understands that an Order Directing Partition must be recorded in the Office of the Recorder of Deeds to sever any joint tenancy and convert the co-tenancy to a tenancy in common, and Plaintiff will cause such recording upon entry of the Order.

V. METHOD OF PARTITION (PHASE 2 — Pa. R. Civ. P. 1558–1568)

12. Following entry of the Order Directing Partition, Plaintiff requests a preliminary conference and the appointment of a hearing officer/master (Pa. R. Civ. P. 1558–1559) to determine the method of partition, and avers:

☐ Division into purparts (partition in kind). The Subject Property can be divided into purparts and awarded among the co-tenants without prejudice (Pa. R. Civ. P. 1560–1561), with owelty awarded as necessary to equalize the division (Pa. R. Civ. P. 1561, 1570).

☐ Award to one party with owelty. The Subject Property cannot be divided into purparts in proportion to the interests; it should be awarded to one or more co-tenants who elect to take it at the valuation, conditioned on payment of owelty to the others (Pa. R. Civ. P. 1562, 1566).

☐ Sale (private, confined to parties, or public). The Subject Property cannot be divided without prejudice to or spoiling the whole; it should be sold — by private sale confined to the parties (Pa. R. Civ. P. 1566–1567) or by public sale (Pa. R. Civ. P. 1568, 1572) — and the proceeds distributed per the schedule of distribution (Pa. R. Civ. P. 1573).

VI. ACCOUNTING, OWELTY, AND CREDITS (Pa. R. Civ. P. 1570)

13. Plaintiff incorporates the preceding paragraphs.

14. In its decision and order under Pa. R. Civ. P. 1570, the Court (through the hearing officer/master) should determine the valuation of the whole property and of each purpart and adjust the equities among the co-tenants, crediting or charging each share for the following, as the proof may show:

☐ Sums paid for the purchase price, down payment, and mortgage principal and interest beyond a co-tenant's proportionate share.
☐ Sums paid for real estate taxes, insurance, and assessments.
☐ The reasonable cost of necessary repairs and value-enhancing improvements.
☐ Rents, profits, and income received by a co-tenant from the Subject Property.
☐ The reasonable rental value of exclusive use / occupancy where a co-tenant has ousted or excluded another co-tenant.
☐ Waste, damage, or diminution in value caused by a co-tenant.
☐ Owelty to equalize an in-kind division or award (Pa. R. Civ. P. 1561, 1562, 1570).
☐ Liens and charges to be satisfied from the proceeds (Pa. R. Civ. P. 1571).
☐ Other: [________________________________].

VII. COUNSEL FEES AND COSTS (Pa. R. Civ. P. 1574)

15. Plaintiff requests that the costs of this action, including the fees and expenses of the hearing officer/master, valuation, sale, and reasonable counsel fees, be apportioned among the parties in proportion to their respective interests as the Court deems just, pursuant to Pa. R. Civ. P. 1574.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Determine the respective interests of the co-tenants and enter an Order Directing Partition under Pa. R. Civ. P. 1557 naming all co-tenants and the nature and extent of their interests;

B. Schedule a preliminary conference and appoint a hearing officer/master under Pa. R. Civ. P. 1558–1559;

C. Order partition of the Subject Property by division into purparts (with owelty as needed), or, if it cannot be divided without prejudice, by award to a co-tenant electing to take at the valuation, or by private or public sale, with distribution per Pa. R. Civ. P. 1573;

D. Take an accounting among the co-tenants and credit or charge each share for contributions, rents, ouster, waste, owelty, and liens as set forth above (Pa. R. Civ. P. 1570–1571);

E. Apportion the costs and reasonable counsel fees among the parties pursuant to Pa. R. Civ. P. 1574; and

F. Grant such other and further relief as is just and equitable.

Dated: [__/__/____]

[________________________________]
[Attorney Name], PA I.D. No. [______]
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Plaintiff

VERIFICATION

(Pa. R. Civ. P. 1024)

I, [PLAINTIFF FULL NAME], verify that I am the Plaintiff in this action and that the statements made in the foregoing Complaint in Partition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

[________________________________]
[Plaintiff Signature]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing Complaint in Partition was served upon the following by the method indicated:

[________________________________]
[Attorney Name], PA I.D. No. [______]
Attorney for Plaintiff

Sources and References

• Pa. R. Civ. P. 1551–1574 — Partition of Real Property (https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1500/subchapBtoc.html)
• Pa. R. Civ. P. 1557 — Order Directing Partition (recording severs joint tenancy)
• Pa. R. Civ. P. 1570 — Decision and Order (valuation, owelty, credits)
• Pa. R. Civ. P. 1574 — Costs and Counsel Fees
• Kapcsos v. Benshoff, 194 A.3d 139 (Pa. Super. 2018) — recording of Part 1 order essential to sever joint tenancy
• UPHPA status (Pennsylvania): Pennsylvania has not adopted the Uniform Partition of Heirs Property Act as of this drafting (SB 890 was pending in 2025); Pa.R.C.P. 1551–1574 govern.

Disclaimer: This template does not constitute legal advice. Pennsylvania partition is a two-phase process with strict recording and procedural requirements; the Order Directing Partition must be recorded to sever a joint tenancy. Engage a licensed Pennsylvania attorney and obtain a current title search before filing.