Detailed answer — can you force a sale in Virginia if heirs refuse to mediate or won’t sign?

Yes. In Virginia, co-owners (including heirs who inherit real property) have the right to ask a court to divide or sell jointly owned real estate through a judicial partition action if the owners cannot agree. Mediation and settlement are strongly encouraged and often required by local courts or practitioners, but refusing mediation or refusing to sign documents does not permanently block a co-owner who wants a settlement or sale. If negotiations fail, a co-owner may file a partition lawsuit in the Circuit Court where the property lies and ask the court either to divide the parcel physically (partition in kind) or to sell it and divide the proceeds (partition by sale).

Virginia’s statutes and procedures for partition actions are located in the Code of Virginia. For the statutory framework see the Code provisions governing actions for partition of real property: https://law.lis.virginia.gov/vacode/title8.01/chapter9/.

Key practical points about partition in Virginia

• Who can start the case: Any co-owner (including an heir who is recorded as an owner or who has an interest through probate) can file a partition action. The complaint must name the other co-owners as defendants so the court can resolve ownership and the proper division.
• Partition in kind vs. partition by sale: The court prefers a physical division of land (partition in kind) when it is fair and feasible. If a neat division is impractical, inequitable, or would materially reduce value (for example with a single-family lot), the court may order a sale and divide the sale proceeds among the owners.
• Court tools the judge can use: The court can appoint a commissioner or special commissioner to examine the property, oversee appraisal(s), and arrange a public sale if sale is ordered. The court can also fashion equitable remedies such as awarding a buyout to a co-owner who wishes to keep the property.
• Costs, liens and priorities: Sale proceeds are used first to pay liens (mortgages, tax liens) and court costs, including the commissioner’s fees and attorneys’ fees if the court awards them. Net proceeds are divided according to each owner’s legal share.
• Effect of title form: If the property is owned in a form that prevents partition (for example, property owned by a tenancy by the entirety between spouses), different rules apply. Likewise, if someone holds an interest as a life tenant or via an executor during probate, the timing and procedure can differ.

Typical court process (overview)

1. File a complaint for partition in the Circuit Court that has jurisdiction where the property is located.
2. Serve all co-owners and any interested parties (mortgage holders, lienholders, personal representatives for an estate) so the court can resolve claims.
3. The court may order appraisal(s) and attempt settlement or mediation. If mediation fails or is refused, the court can still proceed to determine partition.
4. If partition in kind is impossible or unfair, the court will order a sale — typically a public sale supervised by a commissioner — then distribute proceeds after paying liens and costs.

See general statutory guidance on partition in the Virginia Code: https://law.lis.virginia.gov/vacode/title8.01/chapter9/.

Practical examples

Example A — A family inherits a single residential lot. Two siblings want to sell; one sibling refuses to sign. The sibling who wants a sale can file a partition action. Because the lot cannot be fairly divided, the court will likely order a sale and split the proceeds.

Example B — Heirs inherit a large tract that can be divided into separate parcels of similar value. If division is feasible, the court may order a partition in kind so each heir receives a separate parcel rather than a sale.

When mediation or voluntary agreement is still valuable

Even though you can force action through the court, mediation and settlement still save money and time. A negotiated agreement can limit attorney and court fees, allow control over sale timing and method, and permit tailored buyouts or allocation of tax consequences. Courts will often encourage or require mediation, but refusal to mediate does not ultimately bar a partition remedy.

What to bring to court / what your attorney will need

• Recorded deed(s) and chain of title showing ownership interests.
• Copies of any wills, probate filings, or estate documents if ownership flows from a decedent’s estate.
• Mortgage statements, tax bills, and any agreements among co-owners (buy-sell agreements, family agreements).
• Evidence of contribution (improvements or payments) if you seek an adjustment to shares.

Helpful Hints — what to do next

• Talk with a Virginia probate or real estate attorney. They can evaluate title, advise on whether partition is likely to succeed, and estimate court costs.
• Before filing, explore buyouts: calculate fair market value with a licensed appraiser so heirs can consider buying out another heir’s share rather than selling to a third party.
• Gather documentation: deeds, mortgage and tax records, estate paperwork, and any written agreements between heirs.
• Consider mediation as a cost-saving step. Even if an heir resists, courts often expect parties to attempt settlement and will consider refusal when allocating costs.
• If the property is encumbered (mortgage, liens), confirm how those debts will be paid or assumed. A sale typically pays them before dividing net proceeds.
• Check how the property is titled. Joint tenancy with rights of survivorship, tenancy by the entirety, or ownership held by an estate or trust can change options and timing.
• Act promptly. Delay can increase carrying costs (taxes, insurance, mortgage payments) and complicate evidence or valuations.

For a general starting point on partition law in Virginia see: https://law.lis.virginia.gov/vacode/title8.01/chapter9/.