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Recent statistics indicate that partition actions are being used more frequently across the U.S. than ever before, for several reasons.
One reason more people are turning to partition actions to divide jointly owned property is that more couples are buying homes together without marrying first.
Fewer couples are getting married overall, and many are purchasing properties together, only to experience a shift. When circumstances change, or a marriage ends, it can be difficult to transfer or divide ownership of a home.
When one partner wants to sell the home and the other wants to stay, joint ownership can lead to deadlock. When the couple is unmarried, and no other arrangements exist, this results in a forced partition and sale of the property.
Census data show that 65% of properties are occupied by their owners. In 2023, about 9% of homebuyers were unmarried couples; in 2024, that share fell to about 6%.
Even with this slight decrease, the 2024 figure still shows a 46% increase in the number of couples who are choosing to buy a home together before marriage.
To avoid this type of situation, unmarried couples who decide to purchase a property together should plan ahead. A buyout clause can give one partner the option to stay before a sale. A cohabitation agreement can help define what happens in the event of a future breakup.
Expense and equity terms can also specify who is expected to pay what and who will be considered the owner of what. With these types of agreements in place, it’s far less likely that a partition action will be necessary. If the couple decides to marry, property division will occur during the divorce proceedings.
Another major reason for the rise in partition actions is the state of the economy. House prices have continued to rise every quarter between 2012 and 2025, with no sign of slowing.
In this short time, the average house prices have exploded from $221,700 to more than $435,000. Additionally, other living costs have risen as inflation continues to rise. The pandemic and the rise of work-from-home arrangements also strained the economy.
Do You Need Help With Your Partition Action?
Co-owning a home together can seem like a fantastic idea and investment until you and the other party no longer agree on how the property should be managed. If you and your co-owner can’t reach an agreement on how to handle your jointly owned home, it might unfortunately lead to a partition action.
Our team of highly skilled attorneys has the experience and qualifications necessary to help you deal with partition laws across the country. If you need assistance with your potential partition action, then we can help.
Get in touch with our team to schedule a free case evaluation now by leaving your contact details on our online form.
