Rule 1556.Counterclaim.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceA defendant in a partition action may counterclaim for the partition of any or all property that the plaintiff could have included in the complaint, broadening the case to other co-owned land.
Full Text of Rule 1556
A defendant may counterclaim for the partition of any or all property which the plaintiff might have included in the complaint.
End
Plain-English Summary
This rule gives a partition defendant the same reach the plaintiff has. The defendant may counterclaim for partition of any or all property that the plaintiff might have included in the complaint.
Rather than forcing a co-tenant who wants other shared property divided to file a separate suit, the rule lets that demand be made as a counterclaim in the pending action. The result is that one partition case can resolve the full set of properties the co-owners hold together.
Frequently Asked Questions
Can a partition defendant counterclaim?
Yes, for the partition of any or all property the plaintiff could have included in the complaint.
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 counterclaimdefendant partition claimadd properties counterclaim