What would be my cost to file a real estate partition? Five parties involved and two properties that are free and clear.

Each state will have its own peculiar laws pertaining to the partitioning of land.  Here is what I think you are generally facing: If a court is asked to partition some land among 5 people, there must be enough land to make that task feasible.  If there is presumably a tract of land large enough to partition among 5 people, the judge will have no way to perform that task without proof.  What kind of proofs would be needed?  I think the only way to provide the proof is to hire an appraiser and a surveyor to work together to put together a plan (preferably several plans) on how the land can be divided equally among the 5 claimants.  Now, understand that the division is not made on the basis of giving each person the same number of acres.  The division is made by giving each claimant a parcel that is equal in value to the others.  If the plaintiff (the claimant who files the suit) does not come to court with the work of the surveyor and the appraiser already done, the judge will probably order that an appraiser and surveyor be hired by the court and he will charge one or both sides to pay the costs.  If the land cannot be feasibly partitioned, the court will ordinarily order the property sold and the net sale proceeds be divided among the claimants.  The sale will ordinarily be by public auction, and the clerk of the court (who normally will handle the sale) will take a commission off the top - usually 10%.  Some courts also allow the plaintiff's motion to allow his legal fees to be taken off the top also ---- thus causing all parties to share in the cost of the litigation.  This is because the sale is really an accommodation to all of them.  No one can use the jointly owned realty, but they all can use the funds that they receive from a sale.  Bottom line -- see a good real estate attorney in your area.  It will be worth a modest conference fee to have him explain your state's procedures and how best to proceed.  He could probably give you some insight on whether the property can likely be partitioned or whether a sale would be the likely result.