Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Virginia, a co-owner can force the sale of real property by filing a partition action under Virginia Code § 8.01-111. A partition lawsuit lets the court decide whether to divide property physically or order its sale and distribute proceeds among co-owners.
1. Filing the Complaint: The plaintiff (co-owner) files a petition for partition in the circuit court where the property lies. Service of process must follow Virginia’s rules for civil actions under § 8.01-106.
2. Court Hearing: At the hearing, the court confirms ownership interests and considers whether partition in kind (physical division) is practical. If the court finds an in-kind division will cause “great prejudice” to any party, it orders a sale under § 8.01-111.
3. Appointment of Commissioners: The court appoints commissioners to determine fair market value, advertise the sale, and conduct a public auction under § 8.01-112. Commissioners evaluate bidders, set minimum bids, and oversee closing.
4. Public Sale: The commissioners sell the property at auction. They provide notice by posting and publication as the court directs. Prospective buyers compete in a public forum to secure the highest price.
5. Distribution of Proceeds: After subtracting sale costs, outstanding liens and taxes, the commissioners distribute net proceeds to co-owners according to their ownership shares. They file a report with the court, and the court issues a final decree confirming distribution.
This process ensures a fair sale when co-owners cannot agree on dividing property in kind, protecting each owner’s financial interests.
Helpful Hints
- Review § 8.01-111 thoroughly before filing.
- Gather clear title documents and recent property valuations for court filings.
- Consider mediation to explore voluntary partition or sale before litigation.
- Request a draft commissioners’ report early to understand valuation methods.
- Account for unpaid real estate taxes and liens—they reduce the net proceeds.
- Consult a real estate attorney to ensure compliance with procedural rules.
- Attend every court date to avoid default judgments and delays.