A partition action enables you to force the sale of property when coowners are refusing to sell. 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.If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign. Contact a "Partition By Sale Attorney Near Me – How It Works" to understand your rights and get guidance. They can buy out the coowners after the case is ruled. Settlement only because of their "mutual mistake" in leaving it out of the property settlement agreement.61. Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. So, generally, a party may need to do what's called a "partition lawsuit" otherwise known as a forced sale. Once the parties reach an agreement or a referee is appointed, the property is generally sold or refinanced. If neither of you "buys out" the others interest in the partition case, the home will be sold at auction, much like a foreclosure sale.