Can I force a sale (partition) of jointly owned real estate in Virginia when a co‑owner refuses?

Short answer: Yes — under Virginia law you can ask a circuit court to partition real property when a co‑owner refuses to agree. A court can order partition in kind (divide the land) or a sale and division of proceeds. You normally file a partition lawsuit in the circuit court for the county or city where the property is located. This article explains the typical steps, what the court will consider, and practical tips to prepare. This is general information only and is not legal advice.

Detailed answer — step‑by‑step under Virginia law

Partition actions in Virginia proceed as civil suits in the circuit court. The exact procedure depends on the facts (type of ownership, mortgages, liens, number of owners), but the common steps are:

Confirm ownership and interests.

Collect the deed(s), title report or abstract, mortgage statements, and any written agreements that describe each owner’s interest (joint tenancy, tenancy in common, tenancy by the entirety, LLC membership interests, etc.). In Virginia, tenants in common and some other ownership forms permit partition. Some ownership forms or contract terms may limit partition — review your deed and any recorded agreements.
Try to resolve the dispute outside court.

Virginia courts prefer parties try resolution first. Offer a written demand for partition or buyout. Consider mediation or appraisal to support a settlement. Document your attempts to reach agreement — courts like to see you tried to avoid litigation.
Decide where to file — circuit court for the property location.

File the partition complaint in the circuit court for the county or independent city where the property sits. Circuit courts handle real property partition matters in Virginia. (Find circuit court information at the Virginia Courts website: https://www.courts.state.va.us/courts/circuit.html.)
Prepare and file the complaint (bill of complaint or petition).

The complaint should:
- Identify the property precisely (legal description from the deed).
- Name all owners and any parties with recorded interests (mortgagees, lienholders, judgment creditors, heirs with possible claims).
- State each party’s claimed ownership share or interest.
- Allege that you requested partition and that the other owner(s) refused (if applicable).
- Pray for relief: partition in kind if practicable, or sale and division of proceeds, appointment of a commissioner or commissioner of partition, determination of liens and costs, and other appropriate orders.
File the complaint with the clerk and pay the filing fee. The clerk can tell you local fee amounts and required forms.
Serve all parties and interested lienholders.

After filing, you must serve summons and complaint on each known co‑owner and any recorded lienholders. If some owners are unknown or cannot be located, the court may allow service by publication and require notice by other means. Proper service is critical — it establishes the court’s authority to decide property rights.
Responding pleadings and initial court steps.

Defendants may file answers raising defenses, crossclaims (e.g., asking the court to charge the sale to account for improvements paid by one owner), or counterclaims. The court may set a hearing, direct appraisals, or order mediation. Often the court will order an appraisal to determine fair market value and help decide whether partition in kind is feasible.
Appraisal and determination whether partition in kind is practicable.

The court favors partition in kind (physically dividing land) when it is fair and feasible without materially reducing value. If division would impair value or is impractical because of the layout, the court usually orders a sale and division of proceeds among owners.
Appointment of a commissioner or sale procedures.

If the court orders a sale, it will appoint a commissioner (or direct the sheriff) to sell the property according to court rules. The sale proceeds go to satisfy mortgages, liens, costs, and then distribute to owners according to their shares. The court resolves disputes about credits (e.g., one owner paid mortgage or improvements) before distribution.
Final decree and distribution.

The court issues a final decree confirming partition or sale and directing distribution. Losers may appeal, which can delay final distribution. After the decree and any appeal period, the commissioner/sheriff completes the sale and the clerk distributes proceeds per the decree.

For general statutory guidance on civil procedure and remedies applicable to partition and related remedies, see the Virginia Code, Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/.

Practical considerations and common complications

Mortgages and liens: A mortgageholder or lienholder gets paid from sale proceeds before owners split the remainder.
Tenancy by the entirety: If the property is held as tenancy by the entirety (spouses), a single spouse usually cannot force partition in Virginia.
Contributions and offsets: Courts can credit an owner for payments made for mortgage, taxes, or improvements and deduct costs from distributions.
Unknown or missing owners: The court can permit service by publication and protect sale proceeds until claims are resolved.
Costs and fees: Litigation costs, appraisals, commissioners’ fees, and attorneys’ fees (only if contract or statute allows) will reduce owner shares.
Timeline: Partition suits can take months to over a year depending on complexity, appeals, and whether the court orders sale.

Helpful Hints

Gather deeds, mortgage statements, tax bills, and any written agreements before visiting an attorney.
Request a title search to identify all recorded interests and potential claimants before filing.
Document written demands for partition or buyout attempts; courts prefer that parties try to settle first.
Consider a valuation (independent appraisal) early. Knowing market value helps with buyout offers and court appraisals.
Explore buyout or mediation first — litigation is slower and more expensive than an agreed sale or buyout.
Ask whether a partition in kind is realistic; if the lot is small or indivisible, a sale is more likely.
Check local circuit court rules and fee schedules for filing requirements and costs: use the Virginia Courts site for contacts and forms (Circuit Court directory).
If you or a co‑owner have a mortgage in default, speak with a lawyer quickly — foreclosure can complicate partition timing and proceeds.

Short hypothetical example

Suppose you own a half interest in a house in a Virginia county and your co‑owner refuses to sell. You send a written demand to buy you out; they refuse. You hire an attorney, get a title search, and file a partition complaint in the circuit court where the house sits. The court orders an appraisal, finds partition in kind impractical, appoints a commissioner to sell, confirms the sale, pays the mortgage and liens from proceeds, then distributes the remainder according to ownership shares after costs and tax adjustments.

Next steps and when to get a lawyer

If you plan to start a partition action, consider contacting a lawyer who handles real property litigation in Virginia. A lawyer can:

Confirm whether your ownership form allows a partition.
Prepare an appropriate complaint and manage service of process on all interested parties.
Evaluate options (buyout, mediation, partition in kind vs. sale), and estimate likely costs and timelines.

Because partition suits involve title issues, liens, and sometimes family or business disputes, early legal advice will help you avoid mistakes that could waste time and money.

Disclaimer: This article explains general principles of Virginia law and common practice for partition actions. It is for educational purposes only and does not create an attorney‑client relationship. This is not legal advice. For advice about your specific situation, consult a licensed attorney in Virginia.