Rule 1561.Property Capable of Proportionate Division. Award.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceWhere the property can be divided proportionately, the parts are awarded to the parties according to their respective ownership interests.
Full Text of Rule 1561
Property divided under Rule 1560(a) shall be awarded to the parties according to their respective interests.
End
Plain-English Summary
This short rule states the most direct case of partition: the property can be split into parts proportionate to the owners’ shares. When that is so, the divided parts are awarded to the parties according to their respective interests, each co-tenant taking a portion matching its ownership.
Proportionate division in kind is partition’s preferred outcome because it gives each owner real property rather than money, and this rule supplies the rule of distribution for that result.
Frequently Asked Questions
How are proportionate purparts awarded?
To the parties according to their respective interests in the property.
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: award purpartsproportionate division awardpartition in kind award