Short answer

If a co-owner asks the court to sell the property without proposing buyout terms, you still have several options under Virginia law. You can ask the court for a buyout or partition in kind, seek an appraisal and accounting, request a delay to obtain financing, propose settlement terms, or object and ask the court to appoint a commissioner to conduct a sale under court supervision. Virginia courts routinely balance the parties’ interests, and they may order sale only when partition in kind is impracticable. See Virginia’s partition statutes for the rules courts apply: https://law.lis.virginia.gov/vacode/title8.01/chapter13/.

Detailed answer — what usually happens and what you can do

1. Understand the legal framework

In Virginia, an action for partition allows co-owners to ask the court to divide real property (partition in kind) or to sell it and divide the proceeds (partition by sale) if division is impracticable. The court has discretion to choose the remedy that is fair and practical under the facts. The statutes and cases explain procedures for notice, valuation, appointment of a commissioner, and sale under court supervision. For the statutory framework, see: https://law.lis.virginia.gov/vacode/title8.01/chapter13/.

2. If the other side only asks for sale, you can request partition in kind (buyout)

Even if one co-owner asks the court to sell the house, you can tell the court you prefer a buyout. Ask the court to:

• order partition in kind (divide the property) if a physical division is feasible, or
• allow one co-owner to buy the other’s interest based on a court-ordered appraisal and accounting.

The court will consider whether dividing the land is practicable and whether a buyout is feasible (for example, whether one owner can secure financing). If partition in kind is not feasible, the court may still set terms for a buyout before ordering sale.

3. Ask for valuation and credits before any sale

Request an appraisal or a court-ordered valuation. Ask the court to require accounting for mortgage payments, taxes, insurance, and improvements. Courts often give credit to the party who paid mortgage installments or made repairs. That accounting affects buyout amounts or distribution of sale proceeds.

4. Request a stay or timeline to arrange financing

If you want to buy the other owner’s share but need time to secure a mortgage or funds, ask the court for time to obtain financing. Courts frequently grant short stays so a co-owner can seek a loan to buy out the other party, especially where the buyer shows a realistic plan and proof of ability to close.

5. Propose settlement terms or mediation

Consider proposing specific buyout terms to the other owner or asking the court to order mediation. A negotiated buyout can avoid the cost and delay of a public sale and may produce a faster, cheaper result.

6. Object to an immediate sale and request supervised sale procedures

If the other side insists on sale, you can object to an immediate, uncontrolled sale and ask the court to:

• appoint a commissioner or trustee to market and sell the property under court supervision;
• set minimum sale terms, reserve price, or require public auction; and
• order notice to interested parties and approval of the sale terms by the court.

Court-supervised sales typically protect both parties’ interests better than a rushed private sale.

7. Consider counterclaims or equitable relief

If the opposing party acted improperly (for example, hiding income, wasting property, or failing to contribute to shared obligations), you may raise those issues in the partition case and seek equitable adjustments, liens, or offsets against sale proceeds.

8. Consider tax, mortgage, and lien issues

Know that existing mortgages and liens attach to the property. A sale will typically pay off liens in priority order; any surplus is divided among owners. If you remain in the property while the other owner seeks sale, ensure payments for mortgage, tax, and insurance are documented to avoid later disputes about credits.

9. Practical timeline and likely court actions

Procedurally, the case begins with a partition complaint or motion. The court will set a schedule for pleadings, valuation, possible appointment of a commissioner, and sale if ordered. Expect several months of process; the court controls timing and may require appraisals or hearings before finalizing any sale or buyout order.

10. When a sale is ordered

If the court ultimately orders a sale, it usually supervises the sale terms or appoints a commissioner. After sale, the court will resolve final accounts, credits, liens, and distribute net proceeds to the owners per their ownership shares and any court-ordered adjustments.

Helpful Hints

• Get a current appraisal early. An objective value helps you propose a fair buyout or challenge an unreasonable sale price.
• Document payments you make for mortgage, taxes, insurance, or improvements. That documentation supports credits in accounting.
• Ask the court for specific remedies in your answer — don’t wait to object until after a sale is arranged.
• Consider mediation before litigating. Mediation can produce a buyout or other creative solutions faster and cheaper than a court-ordered sale.
• If you want to buy the other owner’s share, start talking to lenders early to show the court you have a plan and financing options.
• Keep copies of deeds, title insurance, mortgage statements, and property tax bills. The court will need these for the accounting and distribution of proceeds.
• Consult a Virginia attorney if you face complex title issues, liens, or dispute over ownership shares. Partition cases can produce unexpected costs and tax consequences.
• Review Virginia’s partition statutes for procedural rules: https://law.lis.virginia.gov/vacode/title8.01/chapter13/.