What happens if co-owners can’t agree about a home in Virginia?

If you own a house with two other co-owners and you cannot reach agreement about keeping, renting, or selling it, Virginia law gives any co-owner a way to force a sale through a court action called an action for partition. Below is a clear, step-by-step explanation of how that works, what the court will consider, practical alternatives to court, likely costs and timing, and how liens and mortgages affect the process.

Detailed answer — how to force a sale under Virginia law

1. What is a partition action?

A partition action is a civil lawsuit filed in the circuit court where the property lies asking the court to divide the property among the co-owners. If the court finds it is not feasible to divide the property physically (a partition in kind), it can order the property sold and the proceeds divided among the owners. See Virginia Code Title 8.01 for actions in civil court and related procedures: https://law.lis.virginia.gov/vacode/title8.01/.

2. Who can file and where to file

Any co-owner — a tenant in common or joint owner (unless title is held as a form with survivorship restrictions) — may file a petition for partition in the circuit court for the county or city where the property is located. The court will require that all co-owners and known lienholders be joined as parties to the action.

3. Typical process after you file

File complaint for partition in the circuit court and serve the other owners and lienholders.
The court may appoint a commissioner or special commissioner to investigate title, determine owners’ shares, and attempt to determine whether a fair physical division is possible.
If a partition in kind is practical (rare for a single-family house on one parcel), the court may divide the land or assign different portions with credits to equalize value.
If in-kind division is impractical or inequitable, the court will order the property sold (public or private sale) and the net proceeds distributed among the co-owners according to their ownership shares after paying mortgages, liens, costs, and any court-allowed credits or allowances.

4. How the court decides whether to sell

The court weighs whether a physical division would be practical and fair. For most homes on a single lot, physical division is not practical, so courts routinely order sale. The court also resolves disputes over who paid improvements, who owes back taxes, and whether credits or offsets are appropriate before distributing proceeds.

5. Effect of mortgages, liens, leases, and occupants

Mortgages and recorded liens stay attached to the property; they must be paid from the sale proceeds or the purchaser will take the property subject to them. If someone lives in the house, the court can order sale despite occupancy, but occupants may have rights (leases, homestead exemptions, or possession claims) that influence timing and distribution.

6. Alternatives to a court-ordered sale

Agree on a private sale and split proceeds according to ownership shares.
One or more co-owners buy out the others using an appraisal or negotiated price.
Mediation to reach a buyout or sale agreement with fewer legal costs.
Refinance or take on mortgage debt to buy out co-owners (requires lender approval and qualifying credit).

7. Costs, timeline, and likely outcomes

Partition suits typically take several months to over a year depending on complexity, objections, appraisal needs, and lien resolution. Costs include court filing fees, commissioner or appraiser fees, attorneys’ fees (the court may award costs to the prevailing party in some circumstances), and sale costs. After sale and paying liens and costs, each co-owner receives their share. The final distribution can reflect credits for contributions to mortgage payments, taxes, or improvements if the court finds them equitable.

8. Practical steps to prepare

Gather title documents, the deed, mortgage statements, tax bills, evidence of payments made for mortgage, taxes, and improvements, and any written agreements among the owners. An up-to-date appraisal or broker opinion of value is very helpful. Try negotiation or mediation before filing if possible — courts prefer parties to settle where feasible.

Helpful Hints

Start by confirming how title is held (deed language). Ownership shares and legal form (tenancy in common, joint tenancy, tenancy by the entireties) affect rights and remedies.
Try a written settlement offer or mediation first — it’s cheaper and faster than litigation.
Get a local real estate appraisal early to set realistic expectations about value and how proceeds may be divided.
Check for mortgages and recorded liens. Lenders and lienholders must be named in any partition action.
Keep detailed records of payments you made for mortgage, taxes, insurance, or improvements — the court may credit you for those contributions.
Expect a court-appointed commissioner or appraiser to evaluate property and report back to the court.
Consider whether one owner can buy out the others. A lender may require refinancing to remove other owners from title.
Talk to a Virginia real estate attorney early about strategy, likely costs, and local court practice. Circuit court rules and outcomes vary by locality.

Important disclaimer: This article explains general Virginia law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Virginia attorney who can review your documents and options.