Rule 1560.Property Capable of Division Without Prejudice.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1560 directs that property which can be divided without spoiling the whole be split into purparts proportionate in value to the parties' interests, and sets the order of preference when it cannot.
Full Text of Rule 1560
If division can be made without prejudice to or spoiling the whole, the property shall be divided as follows:
(a) into as many purparts as there are parties entitled thereto, the purparts being proportionate in value to the interests of the parties;
(b) if it cannot be divided as provided in Subdivision (a), then into as many purparts as there are parties entitled thereto, without regard to proportionate value;
(c) if it cannot be divided as provided in Subdivisions (a) or (b), then into such number of purparts as shall be most advantageous and convenient without regard to the number of parties.
End
Plain-English Summary
The law prefers giving each co-owner a piece of the actual land where that can be done without unfairness. This rule directs that property capable of division without prejudice be divided into purparts — shares of the land — proportionate in value to each party's interest. When the property cannot be divided that cleanly, the rule sets out the alternatives the court turns to next.
Frequently Asked Questions
How is partitioned property divided?
If it can be divided without prejudice, into purparts proportionate in value to the parties' interests.
What is a purpart?
A divided share of the land allotted to a co-owner in partition.
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 in kindpurpartsdivision without prejudice