Quick answer

If you and a former spouse still own real property together in Virginia, you have several legal paths to end shared ownership: negotiate a buyout or deed transfer, ask the court that handled your divorce to enforce any prior order, or file a partition action in the circuit court to divide the land or force a sale. Which route is best depends on whether the divorce decree already addressed the property, how title is held, any outstanding mortgage or liens, and practical concerns like costs and location of the land.

Detailed answer — how the law works and what you can do

This section explains the major options under Virginia law, what each option does, and typical steps to take. It uses a short hypothetical to illustrate the choices.

Hypothetical facts (for illustration)

After a divorce in Virginia, Alex and Jamie kept owning the marital house together. The divorce decree ordered “equitable distribution” but left the deed unchanged. The mortgage stays in both names. Alex wants sole ownership or to force a sale because they can’t agree. Jamie refuses to cooperate. What can Alex do?

1) Check the divorce decree and enforcement options

If the divorce decree or settlement explicitly divided the property or ordered a sale or transfer, the circuit court that entered that decree retains power to enforce it. Enforcement can include orders requiring a deed transfer, money judgment, or sanctions such as contempt for failing to comply.

Action steps:

Have an attorney or title company review the divorce decree, settlement, and the deed.
If the decree orders a transfer or sale and the other party refuses, file a motion in the same court to enforce the decree (contempt, turnover, or other enforcement remedies).

Relevant authority: Domestic-relations provisions are found in the Virginia Code (see Title 20.2): https://law.lis.virginia.gov/vacode/title20.2/.

2) Negotiate a voluntary buyout or partition agreement

If the decree did not divide title, the simplest path is a negotiated resolution:

One owner buys out the other (generally requires refinancing to remove the other spouse from the mortgage).
Agree to sell the property and split net proceeds, using a Realtor and closing agent to handle payoff of liens and distribution of funds.
Sign a written partition agreement describing who gets what or agreeing to sale, then record any required deed transfers.

Advantages: cheaper and faster than litigation; preserves control over sale timing and price. Disadvantages: depends on both parties’ cooperation and financing ability.

3) File a partition action in the circuit court — force division or sale

If negotiation fails and no enforceable divorce order covers the title, you can file a partition suit in the Virginia circuit court where the property lies. Partition is the legal mechanism to divide ownership when co-owners cannot agree.

Key points about partition in Virginia:

A court can order partition in kind (physically divide the property) if the land can be divided fairly, or a partition by sale if division in kind is impractical or would substantially impair value.
The court typically appoints a commissioner or referee to manage a sale or the division process and to report back to the court.
Proceeds from a sale are first applied to liens, costs, and fees, then divided among co-owners according to their ownership interests.

Action steps for a partition suit:

Hire a civil or real-estate attorney to file the partition complaint in the circuit court where the property is located.
Provide title paperwork, deed, mortgage and lien information, and any prior court orders.
Attend hearings; the court will decide whether to divide the parcel or order sale.

Reference for civil procedure in Virginia (partition actions are governed by state civil procedure rules and court practice — see Virginia Code Title 8.01 for civil remedies and procedure): https://law.lis.virginia.gov/vacode/title8.01/.

4) Mortgage and lien issues — they complicate buyouts and sales

Owning title and being liable on a mortgage are separate issues. If both names are on the mortgage, a deed transfer alone will not remove mortgage liability. Typical solutions:

The buyer/refinancer removes the other party from the loan by obtaining a new loan in their own name.
The parties sell the property and use sale proceeds to pay off the mortgage.
If one party refuses to refinance, the co-owner may still force a judicial sale via partition; sale proceeds will pay mortgage and liens before distribution.

5) Timing, costs and likely outcomes

Partition litigation can take months to over a year depending on complexity, title issues, and whether the property must be surveyed or environmental concerns exist. Costs include court fees, attorneys’ fees, appraisal and survey fees, and potential commissioner fees. Courts are reluctant to split small urban lots physically, and often order sale where dividing the parcel would make the pieces unusable.

6) Tax consequences and practical considerations

Sale or transfer can trigger capital gains tax. Consider cost basis, exemptions for primary residence, and consult a tax professional.
A buyout requires funding — if the remaining owner cannot refinance, sale may be the only practical option.
Consider negotiation, mediation, or a neutral appraiser to avoid costly litigation.

Common scenarios and likely results

If the divorce decree specifically awarded the property to one spouse and the other still refuses to sign a deed, the court can enforce the decree and compel transfer or impose sanctions.
If no decree provision resolved title and the co-owner refuses to sell or transfer, the other owner can generally force a partition by sale through a partition action in circuit court.
If the property can be fairly divided without substantially hurting value (rare for houses on small lots), the court might order an in-kind split; more commonly, the court orders sale and divides proceeds.

Practical next steps

Get copies of your deed, mortgage, and the final divorce decree or settlement documents.
Get a title search and an appraisal to learn market value and liens.
Ask a family-law or real-estate attorney to review documents and recommend: enforce divorce decree, negotiate buyout, or file a partition action.
If negotiation seems possible, try mediation before filing suit — it’s often faster and cheaper.

Helpful Hints

Document everything: communications, offers, and refusals. Courts and mediators rely on records.
Start with a demand letter: a formal written buyout or sale proposal sometimes prompts cooperation.
Get an independent appraisal early so both parties base talks on the same value estimate.
Understand mortgage obligations: removing someone from title does not remove them from the loan unless the lender agrees or the loan is refinanced.
Consider mediation: court-referred or private mediation can produce a settlement that avoids costly partition litigation.
Talk to a tax advisor about capital gains, basis, and possible exclusions before agreeing to sale or transfer.
If your divorce decree already ordered property division, move quickly to enforce it rather than starting a new partition suit.

Where to find more information

Virginia Code — Domestic Relations (for divorce and property-distribution authority): https://law.lis.virginia.gov/vacode/title20.2/
Virginia Code — Civil procedure and remedies (for partition and civil process): https://law.lis.virginia.gov/vacode/title8.01/

Important disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Virginia attorney who handles family law or real-estate litigation.