Partition Agreement With Sale In Allegheny
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Rule 1558 - Preliminary Conference Appointment of Hearing Officer (a) The court, after the entry of the order directing partition, shall direct the parties or their attorneys to appear for a preliminary conference to consider (1) whether the parties can agree upon a plan of partition or sale; (2) the simplification of ...
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.
The owner who no longer wants ownership of the property can ask the court to force a sale in lieu of partition. Rather than continuing to co-own the property, the court can force the owners to put the house up for sale.
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.
Generally speaking, if a lawsuit is to be filed, it must be done within two years of the date the injury-causing event occurred. However, Pennsylvania does have what is known as a discovery rule. This rule can extend the length of time a person has to file suit in some cases.
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.
An action of replevin shall be commenced by filing a complaint with the prothonotary. The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa. B. 1824.