Detailed Answer

When multiple people inherit or co-own real estate, one co-owner can often keep the property by buying out the others’ shares rather than forcing a sale. Under West Virginia law, a buyout usually involves these steps: confirm how title is held, value the property and each owner’s share, negotiate a written buyout agreement, complete a closing with a deed and funds transfer, and record the deed. If co-owners refuse to sell, you may use the threat of a partition action under West Virginia law to encourage agreement. Below is a practical, state-specific roadmap you can follow.

1) Confirm ownership and any probate matters

First, determine how the property title is held. Common situations after a parent’s death include:

• Property held in the decedent’s name alone and now passing through probate or intestacy to heirs.
• Property held as tenants in common with each heir holding a divisible share.
• Property held jointly with right of survivorship (less common if inherited through probate).

If the property is still in the decedent’s name and an estate probate is open (or needs to be opened), the executor or personal representative may need to approve or carry out any transfer. If you are unsure whether probate applies, consult the West Virginia Code or a probate attorney. For disputes over physical division or sale, West Virginia’s statutory partition rules apply: see West Virginia Code, Chapter 55, Article 7 (partition actions) at https://code.wvlegislature.gov/55-7/.

2) Establish each owner’s share and get a reliable valuation

Before you can buy anyone out, you must know how much each sibling’s interest is worth.

1. Confirm ownership shares (e.g., equal shares under intestacy or shares established by will or deed).
2. Order a professional appraisal or get two market-comparable broker opinions to establish fair market value.
3. Subtract any encumbrances (mortgages, liens) allocable to the property so you can calculate net equity.
4. Each co-owner’s monetary share equals their percentage interest in the net equity.

3) Negotiate a written buyout agreement

Negotiation can be informal, but reduce terms to a clear written agreement. Key terms to include:

• Purchase price for each sibling’s interest and how that was calculated.
• Payment method (single cash payment, seller financing, promissory note, or escrow at closing).
• Who will pay closing costs, title insurance, transfer taxes, or prorations.
• Required closing date and contingency language (appraisal, financing, clear title).
• Type of deed to be delivered (quitclaim versus general warranty) and any escrow instructions.

Put the agreement in writing and have all parties sign it. If any party is represented by counsel, expect negotiations to be more formal.

4) Handle title, liens, and mortgages

Check the county land records for mortgages, liens, or judgments. If there is a mortgage on the property, the lender’s consent or refinancing may be necessary. Options include:

• Paying off the mortgage at closing (if sufficient funds exist).
• Refinancing the property in the buyer’s name only (buyer must qualify for a loan).
• Assumption of the mortgage, only if the lender permits it.

Obtain a title search and consider title insurance to protect the buyer’s ownership interest after closing.

5) Closing and transfer

At closing you will complete the steps to transfer the sibling(s)’ interests:

• Execute and record the deed transferring the seller siblings’ shares to the buyer (a quitclaim deed is common for inherited interests, but buyers often prefer warranty deeds if available).
• Pay the agreed purchase price (escrow agent or closing attorney usually handles funds).
• Record lien releases if liens are paid.

Once recorded, the buyer owns the entire property and the sellers are removed from title.

6) If siblings refuse: partition actions and West Virginia law

If one or more siblings refuse a reasonable buyout, your alternative may be a partition action. Under West Virginia law a co-owner may ask the circuit court to partition real property. The court may divide the land physically when possible. If physical division is impractical or would be inequitable, the court can order a sale and divide the proceeds among the owners according to their shares. See West Virginia Code, Chapter 55, Article 7 (partition): https://code.wvlegislature.gov/55-7/. The risk of a court-ordered sale and division of proceeds can motivate other owners to accept a buyout offer.

7) Taxes and financial considerations

Tax treatment depends on whether the property was inherited and on federal tax rules (not governed by state law). Common considerations:

• If you buy an heir’s interest, the seller may realize taxable gain—encourage consultation with a tax advisor.
• When property is inherited, the federal tax basis often steps up to fair market value at the decedent’s date of death; that can reduce capital gains if the property is later sold. Confirm with a tax professional.
• West Virginia transfer taxes or recordation fees may apply—confirm with your closing agent or county recorder.

8) When to get a West Virginia attorney involved

Consider hiring an attorney if any of the following apply:

• The estate is in probate and executor duties complicate transfers.
• Co-owners disagree about who owns what or the share percentages.
• There are liens, title defects, or unclear deeds that require a quiet-title action.
• A partition action seems likely, or you want to threaten one strategically.
• You need drafting of a purchase agreement, deed, or seller-financing documents.

Practical example (hypothetical)

Suppose you and two siblings each own one-third of your father’s house after probate. You want to keep the house. You order an appraisal that values the house at $150,000. Net equity after the mortgage and liens is $120,000. Each one-third share equals $40,000. You negotiate to pay each sibling $35,000 now (a small discount to avoid a forced sale), draft a purchase agreement, arrange financing, close the transaction, and record a deed transferring both siblings’ shares to you. If one sibling refused, you could show willingness to file a partition action under West Virginia law to push for a sale or a court-ordered division.

Helpful Hints

• Always get a current professional appraisal—reliance on informal estimates frequently causes disputes.
• Keep all offers and communications in writing.
• Use an escrow or closing agent to handle funds and document the transfer.
• Get a title search and consider title insurance to avoid future surprises.
• If you plan seller financing, have a written promissory note and deed of trust prepared and recorded.
• Remember that threats to file a partition action are a common negotiation tool—West Virginia law allows co-owners to force partition (see W. Va. Code, Ch. 55, Art. 7).
• Talk to a West Virginia probate or real estate attorney before filing any court papers or signing documents that change title.

Disclaimer: This article explains general principles under West Virginia law but is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a West Virginia-licensed attorney and, for tax questions, a qualified tax professional.