Rule 1570.Decision and Order.

Adopted April 26, 1955 · Last amended December 16, 2003 · Last verified June 30, 2026

In one sentenceThis rule details what the partition decision and order must contain — findings on whether and how the property can be divided, its value, encumbrances, and accounting credits, and an order awarding purparts, fixing owelty, protecting absent interests, and directing any sale.

Full Text of Rule 1570

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(a) The decision shall include findings of fact as follows:

(1) whether the property is capable of division, without prejudice to or spoiling the whole, into purparts proportionate in value to the interests of the co-tenants;

(2) the number of purparts into which the property can be most advanta-geously divided, if partition proportionate in value to the interests of the parties cannot be made;

(3) the value of the entire property and of the purparts;

(4) the mortgages, liens and other encumberances or charges which affect the whole or any part of the property and the amount due thereon;

(5) the credit which should be allowed or the charge which should be made, in favor of or against any party because of use and occupancy of the property, taxes, rents or other amounts paid, services rendered, liabilities incurred or benefits derived in connection therewith or therefrom;

(6) whether the interests of persons who have not appeared in the action, or of defendants who have elected to retain their shares together shall remain undivided;

(7) whether the parties have accepted or rejected the allocation of the purparts or bid therefore at private sale confined to the parties; and

(8) whether a sale of the property or any purpart not confined to the parties is required and if so, whether a private or public sale will in its opinion yield the better price.

(b) The order shall include:

(1) an appropriate award of the property or purparts to the parties subject to owelty where required;

(2) if owelty is required, the amount of the awards and charges which shall be necessary to preserve the respective interests of the parties, the purparts for or against which the same shall be charged, the time of payment and the manner of securing the payments;

(3) the protection required for life tenants, unborn and unascertained remaindermen, persons whose whereabouts are unknown or other persons in interest with respect to the receipt of any interest; and

(4) a public or private sale of the property or part thereof where required.

End

Plain-English Summary

This rule is the heart of a partition adjudication. The decision must make findings on whether the property can be divided without spoiling the whole into parts proportionate to the owners’ interests; if not, into how many purparts it can best be divided; the value of the whole and of the purparts; the encumbrances and amounts owed; the credits or charges among the parties for use, taxes, and rents; whether absent or electing co-tenants’ shares stay undivided; whether the parties accepted the allocation or bid at a private sale; and whether a sale is required and would yield a better price publicly or privately.

The order then awards the property or purparts subject to owelty where needed, fixes the equalizing payments, protects life tenants and unascertained or unknown interests, and directs any sale. The detail ensures a complete, enforceable resolution of the co-ownership.

Frequently Asked Questions

What must a partition decision find?

Whether the property can be divided into proportionate purparts, the number and value of purparts, the parties' interests, and liens and charges.

Amendment History

The provisions of this Rule 1570 adopted April 26, 1955, effective November 1, 1955; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9 . Immediately preceding text appears at serial pages ( 255277) to (255278).

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: partition decisionfindings of fact partitiondecision and order