Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1500 - EQUITABLE RELIEF
Subchapter B - PARTITION OF REAL PROPERTY
Rule 1570 - Decision and Order
Universal Citation: 231 PA Code ยง 1570
Current through Register Vol. 54, No. 38, September 21, 2024
(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 advantageously 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.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
