Co-Ownership Disputes Beyond Partition

Not every co-ownership dispute requires a partition action. Many disputes involve ongoing management disagreements, unequal contributions, or one owner's unilateral actions affecting the property.

Common Co-Ownership Disputes

Unequal contribution to expenses: One co-owner pays the mortgage, taxes, and maintenance while the other contributes nothing. The paying co-owner is entitled to contribution from the non-paying owner, but the right to contribution must usually be enforced through a lawsuit or asserted as part of a partition accounting.

Unauthorized improvements or alterations: A co-owner who makes improvements without the other's consent can seek credit for the improvement in a partition, but only to the extent the improvement actually increased the property's value. An improvement that costs $50,000 but adds only $30,000 in value yields a $30,000 credit.

Waste: A co-owner who damages, depletes, or fails to maintain the property may be liable for waste. This includes affirmative waste (tearing down a structure, stripping resources) and permissive waste (allowing the property to deteriorate through neglect).

Exclusive possession / ouster: One co-owner changes the locks or refuses the other access. In Pennsylvania, each co-owner has the right to possess and use the entire property (subject to the equal rights of other co-owners). An ouster (excluding a co-owner) can give rise to a claim for the fair rental value.

Tenants in Common vs. Joint Tenants

Tenants in Common (TIC): The default form of co-ownership in Pennsylvania. Each owner holds a separate, undivided interest that can be freely transferred, devised by will, or inherited. Interests can be unequal (e.g., 60/40).

Joint Tenants with Right of Survivorship (JTWROS): Each owner holds an equal, undivided interest. When one owner dies, the surviving owner(s) automatically receive the deceased owner's share. It does not pass through probate. Must be expressly created (PA does not presume joint tenancy ).

Tenants by the Entireties (TBE): Available only to married couples. Like JTWROS, but with additional protection: a creditor of only one spouse cannot attach the property. Both spouses must consent to any transfer. Divorce converts TBE to TIC.

Statutory content on this page was last verified against Pennsylvania statutes (68 Pa.C.S.; 21 P.S.): February 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.