I co-own property and want to sell. Can I force a partition?

What the Law Says

The Land and Conveyancing Law Reform Act 2009 sets out the legal process by which a co-owner of land in Ireland may seek division or sale of the property when agreement cannot be reached.

Under Irish law, co-owners (such as joint tenants or tenants in common) each have a right to possession of the whole property — but no single co-owner can unilaterally force a sale or physical division without court involvement.

Section 31 of the Land and Conveyancing Law Reform Act 2009 gives the court power to make orders concerning co-owned land, including ordering partition (physical division) or sale of the land, and distribution of proceeds among the co-owners.

The court will consider fairness, practicality, and the interests of all parties — for example, whether partition is physically possible or whether sale is more appropriate to achieve a just outcome.

Statutory Text

The court may, on the application of any person interested in land, make an order for the partition of the land or for the sale of the land and the distribution of the proceeds of sale among the persons interested.

— Land and Conveyancing Law Reform Act 2009, s. 31 — Partition and sale of co-owned land

What to Do

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