Detailed Answer
When co-owners of inherited real estate cannot agree, any co-owner can ask a Virginia circuit court to divide the property by filing a partition action (or asking the court to order a sale and divide the proceeds). If some heirs are minors, the court will take extra steps to protect the minors’ interests before it allows any sale or distribution.
What law governs partition and minors’ interests in Virginia?
Partition actions are governed by Virginia civil procedure and property law. See the Code of Virginia, Title 8.01, Chapter 6 (Actions for Partition):
https://law.lis.virginia.gov/vacode/title8.01/chapter6/.
Matters involving minors, guardians, and management of a minor’s property fall under the Virginia statutes on wills, trusts, guardians, and fiduciaries in Title 64.2:
https://law.lis.virginia.gov/vacode/title64.2/.
Step-by-step: How to file a partition action or petition for sale when some heirs are minors
- Confirm ownership and relationships. Identify all heirs or co-owners, their shares, and whether the decedent’s estate is open or closed. Gather the deed, death certificate, will (if any), and probate paperwork (letters testamentary or administration).
- Decide whether to seek partition in kind or sale. Partition in kind asks the court to physically divide land. That is possible only if the land can be fairly divided. A petition for sale asks the court to sell the property and divide the net proceeds among the owners. Courts commonly order sale when division in kind is impractical.
- File a complaint for partition in the proper circuit court. File in the circuit court of the county or city where the property is located. The complaint should name all co-owners (including minors) and request partition in kind or sale and related relief (appraisal, temporary possession, etc.). You must serve each adult owner and arrange service appropriate for minors (see next step).
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Address minors by asking the court to protect their interests.
- The court will require that any minor co-owner have proper legal representation for the purpose of the partition. That protection normally comes through appointment of a guardian ad litem (GAL) to represent the minor’s interests in the case, or by the minor’s court-appointed guardian or conservator appearing for the minor. The court will not approve a settlement or distribution that harms a minor without such protection.
- If the minor already has a court-appointed guardian or conservator for their property (for example, from probate or a previous guardianship), that guardian should be notified and included in the case.
- Obtain appraisals and court orders authorizing sale procedures. If you ask for sale, the court will typically order an appraisal and set procedures for marketing and sale (public auction or private sale with court confirmation). If the sale is to a co-owner, the court will evaluate fairness. The court may require the sale proceeds for a minor’s share to be handled in a protective manner (see next step).
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Protect and manage a minor’s share after sale.
- The court may order proceeds to be paid into the court registry, to a conservator/guardian of the minor’s property, or into another court-approved account until the minor reaches majority or until the court approves distribution. Virginia’s guardianship and fiduciary statutes govern how a minor’s property is handled—see Title 64.2 linked above.
- In some cases the court will appoint a conservator of the minor’s property through a separate guardianship/conservatorship proceeding. The conservator must manage funds for the minor’s benefit under court supervision.
- Request final accounting and distribution. After the sale and payment of costs, the court will confirm the sale (if required), allow payment of liens, expenses, and attorneys’ fees, and then order distribution of net proceeds according to ownership shares—taking special care with minors’ shares as required by law.
Practical considerations and timing
Partition actions can take several months to over a year depending on whether the sale is contested, whether appraisals and marketing are needed, and whether additional guardianship proceedings for minors are required. Expect court costs, appraisal fees, possible realtor commissions, and attorneys’ fees. If parties agree, a negotiated sale or buyout often saves time and cost.
Who should be involved?
- An attorney experienced in Virginia partition, probate, and guardianship law for procedural guidance and to prepare pleadings.
- A guardian ad litem appointed by the court (or a guardian/conservator already appointed) to represent any minor co-owner in the partition case.
- Real estate professionals and appraisers to value and market the property if sale is ordered.
Sample checklist to get started
- Collect deed, death certificate, will, and any probate letters.
- List all heirs/co-owners with contact information and ages.
- Decide whether you prefer a partition in kind or sale (or propose buyout/mediation).
- Consult a Virginia circuit court clerk or local attorney to confirm filing requirements and fees.
- File the partition complaint; ask the court to appoint a guardian ad litem or recognize an existing guardian for any minors.
Helpful Hints
- Talk to the other heirs before filing. A voluntary sale or buyout reduces cost and court delay.
- Protect minors. Courts will not allow a sale or settlement that harms a minor’s interest without court-appointed representation and express court approval.
- Expect the court to require appraisal and marketing steps to ensure sale fairness—especially when minors are involved.
- Keep thorough records of expenses and communications. The court will want a clear accounting before distributing funds to minors or adult co-owners.
- Be realistic about time and costs. Mediation often resolves disputes faster and cheaper than contested litigation.
Where to find the statutes and local help
Read the Virginia partition statutes here: https://law.lis.virginia.gov/vacode/title8.01/chapter6/ and the statutes on guardianship and fiduciary duties here: https://law.lis.virginia.gov/vacode/title64.2/. For county-specific procedures, contact the clerk of the circuit court where the property sits.
Important disclaimer
This information explains general Virginia procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation and to protect minors’ rights in court, consult a licensed Virginia attorney experienced in partition, probate, and guardianship matters.