Quick answer

When co-owners cannot agree on dividing real property in Virginia, any co-owner can ask the circuit court where the property is located to order a partition. The court will first try partition in kind (physically divide the land) when practical. If the property cannot be fairly divided, the court will order a sale and divide the net proceeds among the owners after paying liens, costs and expenses. The process requires filing a complaint, serving all interested parties (co-owners, lienholders), possibly appointing commissioners or a referee to value or divide the property, and a final court order directing division or sale.

Detailed answer — what the Virginia process looks like

1. Legal basis and where to look

Partition actions are handled under Virginia civil procedure rules. See the Code of Virginia, Title 8.01 (Civil Remedies and Procedure) for statutory provisions that govern civil actions in circuit courts. You can review the Title here: Code of Virginia — Title 8.01. County circuit courts hear partition suits because they affect title and property rights.

2. Who can file

Any co-owner of the real property (tenant in common or joint tenant) can file a partition lawsuit when co-owners disagree. Parties with recorded interests (mortgagees, lienholders, judgment creditors) whose rights affect the property should be named or joined, because their interests typically must be respected or paid from sale proceeds.

3. Pre‑filing steps you should take

• Gather the deed(s), chain of title, mortgage and lien documents, tax bills, and any written agreements between co-owners (buy‑sell agreements, agreements about use or contributions).
• Try negotiation, mediation, or a buyout demand. Courts often expect parties to try settlement before imposing a sale.
• Get a recent survey or property sketch (if available) and a current appraisal estimate or market value range.

4. Filing the complaint

The filing co-owner (plaintiff) files a complaint for partition in the circuit court in the jurisdiction where the property sits. The complaint should identify the property, describe each owner’s claimed interest, list all persons and entities with a recorded or known interest (mortgagees, judgment lienholders), and request partition in kind or partition by sale. The complaint asks the court to determine interests and order division or sale.

5. Service and joinder of interested parties

The plaintiff must serve the complaint and summons on all defendants (co-owners and known lienholders) following Virginia service rules. Unknown or missing parties may be served by alternative service or by publishing notice if permitted. Proper joinder is important because the court’s partition order will bind those properly before the court.

6. Temporary orders and possession

Either party can ask for temporary orders to protect the property (prevent waste, control rental income, require payment of mortgage or taxes). The court may issue injunctions or orders allocating possession or rent pending final resolution.

7. Investigation, appraisals, and commissioners

The court commonly appoints commissioners, referees, or a commissioner-in-chancery to inspect the property, gather evidence, obtain appraisals, and report recommendations. The court relies on their report about whether a partition in kind is feasible, how to divide parcels, or the fair market value for sale.

8. Partition in kind vs. partition by sale

Virginia courts prefer partition in kind when it results in a fair division and does not unduly harm the owners’ interests. If the property cannot be divided without great prejudice or significant devaluation, the court will order a sale. The sale can be a public judicial sale under court supervision. Net sale proceeds are distributed according to each party’s legal/share interests after paying mortgage liens, taxes, court costs, and costs of the sale.

9. Paying liens, costs and distribution

The court will ensure prior recorded liens (mortgages, tax liens) are addressed before distributing proceeds to owners. Costs for appraisals, commissioner fees, sale expenses and court costs are typically paid from the sale proceeds. If one co-owner is found to have caused expenses (e.g., improvements or waste), the court may adjust distributions accordingly.

10. Final decree and appeals

After hearings and consideration of reports, the court issues a final decree ordering partition in kind or a sale and prescribing distribution. A final decree is appealable; the rules and deadlines for appealing circuit court decisions apply. Talk to a Virginia attorney about appeal deadlines and grounds.

11. Timing and practical realities

Partition suits can take months to more than a year depending on complexity: locating and serving parties, appraisal schedules, commissioners’ reports, discovery disputes, and whether the court orders a sale. Sale under court supervision takes additional time to advertise and complete the sale.

Common issues and how the court handles them

• Unequal contributions or improvements: The court can account for contributions toward mortgage payments, taxes, and improvements when distributing proceeds.
• Mortgages and lenders: Mortgages remain attached to the property; the court usually orders sale proceeds used to pay mortgageholders.
• Co-owner occupancy or rental income: The court may award occupancy compensation or order rent to be collected and distributed during litigation.
• Minor or unknown owners: The court will protect minor interests; guardians or next friends must be appointed. Unknown owners may be served by publication where allowed.

Helpful hints — practical checklist before you file

1. Collect deeds, mortgages, tax statements, leases, and any written co‑owner agreements.
2. Make a list with current addresses for every co-owner and known lienholders.
3. Request or obtain a recent appraisal or two comparables to understand value.
4. Consider mediation or a buyout offer — settlement can save time and costs.
5. Ask the court clerk which forms and local requirements the circuit court uses for partition suits; clerks can explain filing fees and filing locations but cannot give legal advice.
6. Prepare for costs: appraisals, commissioner fees, attorney fees, and possible sale expenses.
7. If you’re a mortgageholder or lienholder, protect your interest by answering or intervening in the case promptly.
8. Speak with a Virginia real estate or civil litigation attorney early to evaluate strategy, likely outcomes, and potential defenses from co-owners.

When to get a lawyer

If the property has mortgages, multiple lienholders, complex title issues, minors, or suspected waste or fraud, consult a Virginia attorney. An attorney can prepare pleadings, handle joinder of necessary parties, represent you at hearings, and protect your financial interest in a partition. Because procedural mistakes (improper service, missing parties) can invalidate a partition decree, legal help often avoids costly delays.