Short answer. Yes. In a partition action, a party recovers from another co-owner their just share of rents and profits received by that co-owner from the real estate in question, and the judgment must include an allowance for those rents and profits.

What the law says

In an action for partition in accordance with this Rule, a party shall recover from another his just share of rents and profits received by such other party from the real estate in question, and the judgment shall include an allowance for such rents and profits.

Rule 69, Section 8 — Accounting for rent and profits in action for partition. Read the full provision →

Accounting is built into the same case

A partition action under this Rule is not limited to dividing the property going forward; it also functions as a vehicle for settling past accounts between co-owners. A party may recover from another party their just share of rents and profits that party received from the real estate in question. This lets the case resolve both the future division of the property and any accounting owed for its past use in a single proceeding, instead of forcing the parties into two separate lawsuits over the very same piece of property, one for the land and another for the money.

The judgment must include the allowance

This is not merely a discretionary add-on — the rule requires that the judgment include an allowance for such rents and profits, meaning the accounting for past income from the property is meant to be resolved as part of the same partition judgment rather than left for a separate lawsuit. A judgment that divides the property but is silent on rents already collected would not fully comply with the Rule, and a party can point to that omission to seek correction of the judgment before it becomes final, or on appeal if it already has. This accounting obligation binds the co-owner who actually received the rents or profits; a co-owner who never collected anything from the property has nothing to account for under this provision, even if the property generated income for someone else.

Why this matters practically

A co-owner who has been collecting rent, leasing out portions of the property, or otherwise profiting from it without sharing the proceeds can be made to account for that in the very same partition case, sparing the aggrieved co-owner from having to file a second action just to recover their fair share. It also gives every co-owner a practical incentive to keep honest records of income the property generates while the case is pending, since that income is subject to being reallocated by the same judgment that later divides the land itself.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.