Pennsylvania Agreement by Co-Tenants Restricting Right of Partition

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Multi-State
Control #:
US-03295BG
Format:
Word; 
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Description

An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Partition Sale ? Private or Public Once a judge or master has determined that a property cannot be adequately divided physically, the Court will order a forced sale of the property. First, the court must consider a ?private sale? where only the current owners have the opportunity to bid on the property.

A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. 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.

Joint tenancy, tenancy in common and tenancy by the entirety are three ways in which two or more people may hold title together in Pennsylvania.

Rule 1570. (8) whether a sale of the property or any purpart not confined to the parties is required and if so, whether a private or public sale will in its opinion yield the better price. (4) a public or private sale of the property or part thereof where required.

Rule 1558 - Preliminary Conference Appointment of Hearing Officer (a) The court, after the entry of the order directing partition, shall direct the parties or their attorneys to appear for a preliminary conference to consider (1) whether the parties can agree upon a plan of partition or sale; (2) the simplification of ...

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Pennsylvania Agreement by Co-Tenants Restricting Right of Partition