FAQ: Forcing the Sale of One Inherited Parcel in Virginia

Short answer: If a co-owner refuses to list an inherited parcel, a co-owner can usually force a sale by filing a partition action in Virginia circuit court. Before suing, it’s usually best to confirm how title is held, try negotiation or mediation, and explore a buyout. This article explains the common steps, legal basis, likely outcomes, costs, and evidence you’ll need.

What legal rule lets me force a sale?

Virginia law allows co-owners of real property to seek a partition action in circuit court. A court can divide the property physically (“partition in kind”) if the land can be fairly divided, or order a sale and distribute the proceeds if division is impractical. See Virginia’s statutes on partition actions (see Title 8.01 provisions on civil remedies and partition): https://law.lis.virginia.gov/vacode/title8.01/.

Step-by-step: How this generally works in Virginia

Confirm ownership and legal interest. Determine whether the property is held as tenants in common, joint tenants with right of survivorship, or in the estate of a decedent. Documents to gather: deed(s), the decedent’s will or probate papers, death certificate, and the chain of title.
Try informal resolution first. Court actions are costly and slow. Send a written proposal offering a sale, a buyout price, or mediation. Document your efforts—courts like to see parties attempted to resolve disputes.
Consider a buyout or forced appraisal. If you can afford to buy the co-owner’s share, a negotiated buyout can avoid court. If you cannot agree on value, a party can ask the court to order an appraisal as part of a partition action.
If negotiation fails, file a partition suit in circuit court. A partition suit is filed in the circuit court of the county or city where the property lies. The complaint asks the court to partition the parcel or, if a partition in kind is impractical, to order a sale and divide the proceeds among the owners according to their ownership shares.
Court procedure and possible results. The court may appoint commissioners or a master to determine whether the land can be divided and to manage sale procedures. If sale is ordered, the court can direct a public auction or a judicially supervised sale and set terms for dividing sale proceeds after paying liens, taxes, and costs.
Division of proceeds. After the sale, the court will distribute proceeds according to each owner’s legal share, after paying mortgages, liens, taxes, and court costs. If one owner contributed more to improvements or expenses, the court may account for that when dividing proceeds.

Practical details and tips

Who can sue: any co-owner (including an heir who received the parcel through probate) may file for partition.
Timeframe: partition actions often take months to over a year depending on court schedules, appraisal needs, and whether the case is contested.
Costs: filing fees, service costs, attorney fees, appraisal fees, and commissioners’ fees. These are typically paid out of sale proceeds or allocated by the court.
Mortgages and liens: an existing mortgage or lien remains on the property; it is paid from sale proceeds before distribution to owners.
Tax consequences: sale proceeds can have capital gains implications. Consult a tax advisor about basis, holding period, and possible exemptions.
If the property is heir property (title not clear), you may need probate or quiet-title work before or during a partition suit.

When will the court order a sale rather than divide the land?

The court prefers partition in kind when a fair physical division is possible without materially harming owners’ interests. If physical division is impractical, inequitable, or would significantly reduce value (small, oddly shaped lots, single-family structures), the court commonly orders a sale and division of proceeds. The court considers fairness, practicality, and preservation of value.

Evidence and documents to prepare before filing

Current deed(s) and chain of title showing each owner’s interest.
Probate records if the property came through a decedent’s estate (letters testamentary or administration, will, death certificate).
Mortgage statements, liens, tax bills, insurance records, and records of property expenses or improvements.
Appraisal or CMA (comparative market analysis) if available.
Any written communications showing attempts to resolve the dispute (offers, demand letters, mediation notes).

Alternatives to court

Mediation: a neutral mediator can often help heirs agree to a sale or buyout.
Private auction or managed sale with agreed terms: if all but one co-owner agree to list, you might proceed with a sale plan that the holdout can join or later challenge—but this can lead to litigation.
Buyout by a co-owner, investor, or family member.

Possible complications

Disputes about ownership shares or whether title passed correctly through probate.
Claims of adverse possession, prescriptive easements, or other title defects.
Co-owner refusing access for appraisal or sale—courts can order access, but that lengthens litigation.
Unclear heirship (missing heirs) — the court requires service on all interested parties before ordering sale.

How an attorney can help

An attorney can:

Review title and probate records and advise on the strength of a partition claim.
Draft and serve the partition complaint correctly and represent you in court.
Negotiate buyouts, structured settlements, or mediation between heirs.
Coordinate appraisals, handle sale logistics under court supervision, and protect your financial interests in distribution.

Key Virginia statute reference

Virginia’s civil procedure provisions that govern partition actions are found in the Code of Virginia under the civil remedies and partition chapters. See the Code of Virginia, Title 8.01 (Civil Remedies and Procedure), for the statutory framework governing partition and related remedies: https://law.lis.virginia.gov/vacode/title8.01/. For matters involving wills and probate (to confirm heirs or estate administration), see Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/.

Helpful Hints

Start by gathering title, deed, and probate documents; these often resolve basic ownership questions.
Send a written demand to the co-owner asking for sale or buyout and keep a copy—courts expect evidence of attempts to settle.
Get at least one independent appraisal before filing suit to set realistic expectations on value and sale proceeds.
Consider mediation—courts may view settlement efforts favorably and it can save time and money.
Expect legal fees and court costs. Ask prospective attorneys whether they will advance certain costs or accept fee-shifting if you prevail.
If the property has a mortgage, contact the lender early to understand payoff procedures at sale.

Disclaimer: This article is educational only and does not constitute legal advice. Laws change and every case depends on specific facts. Consult a licensed Virginia attorney for advice about your situation and before filing court papers.