Settlement agreements can be negotiated at any stage of the partition action and, once finalized, can be submitted to the court for approval. Conclusion. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately.A partition action can be brought in the appropriate Court when coowners cannot agree on the disposition of real property. 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 court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. 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 sale is generally sought when there is a disagreement regarding the use of the property. Adam Leitman Bailey and John Desiderio discuss the rules regarding how parties may partition their common ownership property rights.