Rule 1565.Retention of Undivided Interests. Election. Parties Not Appearing.
Last amended August 8, 2023 · Last verified June 30, 2026
In one sentenceThe court may let the shares of two or more co-tenants remain undivided between them — on their written election, or, for co-tenants who do not appear, at the court’s discretion — rather than splitting every interest apart.
(a)The court shall permit the shares of any two or more co-tenants to remain undivided between them if they so elect by writing filed within such time as the court or hearing officer shall direct.
(b)The court may permit the shares of any two or more co-tenants who do not appear in the action to remain undivided between them.
End
Plain-English Summary
This rule recognizes that not every co-tenant wants a separate piece. The court must permit the shares of two or more co-tenants to remain undivided between them if they so elect in writing within the time set. It may also permit the shares of co-tenants who do not appear in the action to remain undivided.
Keeping willing owners’ interests together avoids fragmenting the property more than necessary and respects co-tenants who prefer to continue holding jointly even as the partition sorts out the others.
Frequently Asked Questions
Can some co-tenants keep their shares undivided?
Yes, if two or more so elect in writing within the time the court or hearing officer directs.
Official Note
Official Note: adopted April 26, 1955, effective November 1, 1955.
Amendment History
The provisions of this Rule 1565 amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial page (302501).
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. Last verified June 30, 2026. ·
Official text
Also known as:retention of undivided interestskeep shares undividedelection partition