Detailed Answer
Under Virginia law, a circuit court hearing a partition action has equitable power to order the real property either divided in kind or sold and to appoint someone (often called a commissioner, commissioner-in-chancery, or master) to carry out the sale. The court’s authority to manage the mechanics of sale and to appoint an officer to run the sale flows from the partition statutes and the court’s general equitable powers. For the Virginia Code, see Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/. You can also search the Code for provisions and decisions addressing partition and sale: https://law.lis.virginia.gov/search?type=Code&q=partition.
What that means in practice:
- The court may appoint a neutral person to oversee selling the property when it orders sale rather than division in kind. That person’s role is to follow the court’s order (advertise or pursue the sale, receive offers, close the sale, and report back to the court).
- The court can allow a private sale (a sale directly to a buyer rather than a public auction) if the circumstances justify it and the sale is fair and protects the interests of all co-owners. Courts commonly require notice to all parties, disclosure of the sale terms, and an opportunity for other parties to object or offer competing bids.
- If a party asks the court to appoint a commissioner to carry out a private sale to a particular buyer (for example, a co-owner’s proposed buyer), the court will closely scrutinize the arrangement. The court will look for proof that the proposed private sale is at fair market value, that the process is not collusive, and that all owners receive proper notice and opportunity to object or overbid.
Example (hypothetical facts to illustrate): co-owners A and B cannot agree about continued ownership. A files a partition-by-sale action. A asks the court to appoint a commissioner and to approve a private sale of the entire parcel to Buyer C (who has offered to buy the whole property). The court will typically require A to show the proposed sale price and provide an appraisal or other evidence of market value; it will require notice to B; and it may require the sale be subject to confirmation at a hearing where B may object or present a higher bid. If the court is satisfied the sale protects all owners’ interests, the court may authorize the commissioner to complete the private sale and later confirm it.
Factors the court will consider
- Whether the sale price is fair and supported by an appraisal or market evidence.
- Whether adequate notice was given to all parties and lienholders.
- Whether the proposed buyer or any interested party has a conflict of interest or engaged in collusion.
- Whether the proposed private sale provides equal or better protection of co-owners’ rights compared to a public sale.
- Whether the commissioner is neutral and has clear instructions and, if appropriate, a bond or other security.
Typical court process and timeline
- Filing of partition complaint and service on co-owners.
- Hearing to determine whether partition in kind is feasible or sale is required.
- If sale is ordered, the court may appoint a commissioner and specify sale method (public auction or private sale subject to confirmation).
- Commissioner follows court order: advertises or negotiates sale, accepts terms subject to court confirmation, closes escrow, and files a report of sale with the court.
- Court holds confirmation hearing and either approves the sale (distributes proceeds) or rejects it and may order a different method (e.g., public sale) or new sale process.
Practical considerations for someone seeking appointment of a commissioner for a private sale
- Provide a professional appraisal or recent comparable-sales data to justify the sale price.
- Prepare a proposed order describing the commissioner’s duties, required notices, deadlines, and whether a bond is needed.
- Disclose any relationship between the proposed buyer and sellers or commissioner to avoid later attacks for conflict or collusion.
- Expect the court to require full notice to all co-owners and lienholders and an opportunity to object or overbid at confirmation.
Helpful Hints
- Ask the court for clear, written orders: define the sale method, timelines, advertising, required disclosures, and reporting requirements for the commissioner.
- Obtain an independent appraisal before proposing a private sale price. A neutral appraisal reduces the risk the court will reject the sale as inadequate.
- Insist on full disclosure in filings: list all offers, identify buyers and relationships, and provide copies of purchase agreements and financing terms.
- Consider asking the court to require a short public notice period and to allow overbids at the confirmation hearing to protect co-owners’ financial interests.
- If you are the proposed buyer, be prepared to show proof of funds or financing; courts want assurance the sale can close promptly pursuant to their order.
- If co-owners object, be ready to show why a private sale is preferable to a public auction (speed, better price, deal certainty, or avoiding injury to value).
- Remember that asking the court to appoint a neutral third party (not a close affiliate of the buyer) increases the likelihood of approval.
- Keep records: preserve proof of notices, appraisals, valuation analyses, communications, and the sale contract to present at the confirmation hearing.
Next steps you can take now: gather an appraisal or comps, prepare a proposed order for the court, and make sure every co-owner and lienholder is identified so the clerk can serve them. If you expect objections, prepare evidence to show the sale delivers fair market value and that the process protects all co-owners.
Disclaimer: This article provides general information about Virginia partition practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Virginia attorney.