A partition action takes the dispute to the courts. This article dissects the remedy of partition with reference to New York's scheme.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. A partition action enables you to force the sale of property when coowners are refusing to sell. A petition for partition occurs when two or more property owners cannot agree on what to do with it. When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. A partition action is like calling in the big guns. It's a legal process that forces the division or sale of jointly owned property through court intervention. When faced with a partition action, it is clear Illinois courts prefer dividing land. But they will also not rule out a sale if necessary.