If two or more parties own real estate and one of the owners wishes to sell the property and the other owner does not. The owner wanting to sell can force the sale of the property with a partition action lawsuit. When a partition action is filed, you must have a third party called a Special Magistrate appointed to sell the property for all owners. A Special Magistrate is entitled to payment for their services. The Court must approve the price at which the property is to be sold.