Rule 1553.Parties.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceA partition action may be brought by one or more co-tenants, and all the remaining co-tenants must be joined as defendants so the whole ownership is before the court.
Full Text of Rule 1553
An action for partition may be brought by any one or more co-tenants. All other co-tenants shall be joined as defendants.
End
Plain-English Summary
This rule makes sure every owner is in a partition case. Any one or more co-tenants may bring the action, and all the other co-tenants must be joined as defendants.
Because partition resolves the shared ownership of the property — by dividing it or selling it — the court can act justly only if everyone with an interest is a party. Requiring all co-tenants to be joined ensures the judgment binds the entire ownership rather than leaving some interests unsettled.
Frequently Asked Questions
Who can bring a partition action?
Any one or more co-tenants of the property.
Who must be joined?
All other co-tenants, as defendants.
Official Note
Official Note: adopted April 26, 1955, effective November 1, 1955.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: partition partiesco-tenants partitionjoin all co-owners