Detailed answer — Overview and step-by-step process

When two or more people co-own farmland in Virginia and cannot agree on use, division, or sale, any co-owner may ask a court to partition the property. A partition action asks the court to either divide the land physically among the owners (partition in kind) or, if division is impractical or would be unfair, order a sale with the proceeds divided among the owners (partition by sale).

Virginia state statutes govern partition procedures. For general code access see the Virginia Code database: https://law.lis.virginia.gov/vacode/. For information on filing civil actions in Virginia’s circuit courts, see the Virginia judicial website: https://www.vacourts.gov/.

Typical steps in a Virginia partition action

1. Try to resolve the dispute outside court. Mediation, buyout offers, written partition agreements, or selling the property by mutual consent are often faster and cheaper than litigation. A written agreement can specify methods for division, valuation, credits for improvements, and payment terms.
2. Prepare and file a partition complaint in circuit court. If negotiation fails, a co-owner files a civil complaint requesting partition in the circuit court for the county or city where the land lies. The complaint identifies the property, the ownership interests, and the relief requested (partition in kind or sale).
3. Provide notice to all co-owners and interested parties. The plaintiff must name and notify all persons with an interest in the property (other co-owners, lienholders, mortgagees, etc.). Proper service is required so the court can obtain jurisdiction.
4. Court considers whether partition in kind is practicable. Courts prefer partition in kind (dividing acreage so each owner gets a separate tract) when it is fair and feasible without impairing value. Factors the court looks at include how the land can be divided, configuration of fields, access, utility of parcels, and whether division would substantially reduce value.
5. If partition in kind is impractical, the court orders a sale. The court may order a sale at public auction or by private sale supervised by the court. The court typically appoints a commissioner or trustee to manage appraisal, sale logistics, and distribution of proceeds.
6. Valuation, appraisal, and credits. The court can require appraisals to determine fair market value. The court also addresses liens, mortgages, taxes, and credits for improvements made by a co-owner or for costs of preservation. These encumbrances are paid out of sale proceeds before distribution of net proceeds to owners.
7. Costs, commissions, and attorney’s fees. Court costs and the commissioner’s fees are typically paid from the sale proceeds or charged among the parties. Courts may award attorney’s fees in limited circumstances if statutes or agreements allow, but fee awards are not automatic. If partition results from misconduct or bad faith, the court has discretion in allocating costs.
8. Distribution of proceeds or conveyance of divided tracts. After sale and payment of liens, taxes, and costs, the court orders distribution of net proceeds among owners according to their ownership shares. If the court orders partition in kind, it enters orders conveying each divided parcel to the designated owner(s).
9. Post-order enforcement and appeals. Parties who disagree with the outcome may have the right to appeal under Virginia appellate rules. The final judgment of partition is enforceable by the court.

Key legal concepts to understand

• Right to partition: Any co-owner (tenant in common) has an absolute right to seek partition in Virginia; however, the court decides whether partition in kind or sale is appropriate.
• Tenancy types: Joint tenants and tenants by the entirety have different rights; many partition statutes and cases focus on tenants in common. Tax, survivorship, and title history affect who can be sued or must be joined.
• Liens and mortgages: Existing secured liens remain attached to the property; these are typically paid from sale proceeds or addressed in division orders.
• Commissioners and partition sales: Courts often appoint a commissioner or trustee to handle sale mechanics, advertising, auction, and receipts reporting.

Statutes and court resources

Virginia’s partition procedures are governed by the Virginia Code and circuit court civil practice. See the Virginia Code resource at: https://law.lis.virginia.gov/vacode/. For practical filing forms and local circuit court rules, check the Virginia Judicial System: https://www.vacourts.gov/.

Because local procedures and forms vary, contact the clerk of the circuit court where the land sits for filing requirements and fee schedules.

Common scenarios — examples of how courts decide

Hypothetical A: Three siblings own a 100-acre farm. One sibling wants to buy out the others. If the parties cannot agree on price, one sibling may file for partition. If the land can be divided into three workable parcels with separate access and similar value, the court may order partition in kind and allocate parcels and credits for fences or buildings.

Hypothetical B: Two co-owners own a single 60-acre tract that contains a single farmhouse, barn, and contiguous fields. Dividing the tract would leave inefficient, landlocked, or uneconomical parcels. The court may order sale, appoint a commissioner to appraise and sell, then distribute proceeds after paying liens and costs.

When you should consider an attorney

Partition actions involve title issues, lien priorities, valuation disputes, and procedural requirements. An attorney who practices real property litigation in Virginia can: prepare and file the complaint correctly; identify and join all interested parties; handle title and lien issues; obtain appraisals and present evidence supporting or opposing partition in kind; and represent you at hearings and on appeal if needed.

Remember: this is a general explanation and not legal advice. For advice tailored to your situation, consult a Virginia attorney licensed to practice real estate litigation.

Helpful Hints — Practical tips for co-owners of farmland in Virginia

• Before filing suit, document offers, communications, and attempts to negotiate. Courts like to see parties tried to settle.
• Order a current land survey and a title search early. Clear title and accurate boundaries reduce surprises later.
• Get one or more independent appraisals to establish market value before court-appointed valuations start.
• Consider mediation or collaborative partition agreements — they save time and money compared with litigation.
• If you want to keep the farm, make a written buyout offer with proposed payment terms and proof of financing.
• Check for farm use, conservation easements, or agricultural program restrictions that limit subdivision or sale options.
• Identify all lienholders, including prior owners’ creditors, tax liens, or USDA loans — they must be included in the action.
• Keep good farm records for improvements, expenses, and maintenance — courts consider equitable credits for improvements.
• Ask the circuit court clerk about local rules, fees, and required forms in the locality where the land is located.

Disclaimer: This article explains general aspects of Virginia law and is for educational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice about your specific situation, consult a licensed Virginia attorney.