Where an agreement and a voluntary partition is not possible, the parties must file a partition action to obtain a ruling from a court. Steps to Partition a House.Once other options have been exhausted, the co-owner wishing to sell their share of co-owned property can petition the court. Application for a summons DC-430 File with a verified complaint to request the court to issue a summons if you do not have an attorney. This form is fillable. It must be opened in Adobe Acrobat in order for all the date functions to work properly. Partition and sale are legal remedies that allow a co-owner of a property to force a division or a sale of the property. The purpose of a partition action is to enable co-owners to sever their joint ownership and obtain their respective shares in a fair and equitable manner. If you are buying, selling, or leasing, our Suffolk County real estate lawyers can help.