An action for partition is a type of litigation and is an adversarial process. The first step is to identify who must be sued.A partition action is a type of lawsuit pertaining to joint owners of real property. This office, (located in room 121) is designed to help litigants who do not have attorneys navigate the court system. A partition action is typically used in situations where co-owners of a property cannot agree on the use or disposition of the property. A partition action forces the sale of jointly owned real estate. Many people opt for a simple approach to dividing their assets when making their estate plans. A partition action takes the dispute to the courts. The order will generally grant or deny the relief sought on the motion.