What is the legal action called that allows for the division or sale of property held in tenancy in common or joint tenancy?

The legal action that permits the division or sale of property held in tenancy in common or joint tenancy is called a partition suit. This process is essential when co-owners of property cannot agree on how to proceed with their shared ownership, such as when one party wishes to sell their share while the other does not.

A partition suit can result in the physical division of the property (if feasible) or, more commonly, the court may order the property to be sold and the proceeds divided among the co-owners according to their respective interests. This legal remedy is crucial for resolving disputes among co-owners and ensuring that each party's rights are respected in ownership situations that can often become contentious.

In contrast, the other terms refer to different concepts in real property law. A co-ownership action is not a specific legal term recognized for this context, property reformation deals with modifying existing legal documents to correct mistakes rather than splitting ownership, and a joint tenancy declaration is simply the initial document outlining the joint tenancy agreement but does not pertain to the legal action taken to resolve ownership disputes.