Updated August 17, 2026
A partition action is a court proceeding by which a co-owner of real property can compel its division or, where physical division is impractical, its sale.
Because an apartment building cannot sensibly be divided, partition of one almost always means partition by sale: the court orders the property sold, typically through a referee, and the proceeds divided by ownership percentage.
Its real function in most co-ownership disputes is leverage rather than remedy. Once co-owners understand that any one of them can compel a sale, the conversation usually moves to a negotiated buyout — which preserves far more value than a court-supervised sale that signals distress to every buyer who sees it.
Thinking about selling? Get a no-obligation evaluation on your building.
Request Free Evaluation →