Real estate title glossary

What is partition action?

Definition

A partition action is a lawsuit by a co-owner asking a court to divide jointly owned property, physically or more often by ordering a sale and splitting the proceeds.

Any co-owner can generally force a partition. It is common with inherited heir property, where a single heir can sell or sue for sale of the whole parcel; many states have adopted the Uniform Partition of Heirs Property Act to add protections.

How it shows up in a title search

A partition suit is usually noticed by a lis pendens, and the court's judgment or referee's deed then appears in the chain.

Guides that go deeper

Source: Legal Information Institute, Wex: partition. Plain-English summary of general US usage; state law varies, and this is not legal advice.