Partition is a legal process that is used when property owners can't reach an agreement on whether and how to sell their property. A partition action is a lawsuit between co-owners of real property who cant agree as to any aspect of the management of the property.Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located. Partition lawsuits require a common title or interest in the underlying property rather than two competing claims for ownership. A partition is essentially a forced sale of the real property. One owner seeks court approval to sell the property against the wishes of the other owner. A judicial Partition action is in the nature of an in rem action. The death of a beneficiary does not terminate the trust and testamentary dispositions can be made in the trust agreement.