Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Virginia to address your specific situation.
Detailed Answer
When multiple relatives co-own real estate in Virginia, any co-owner may ask the circuit court to divide or sell the property through a partition action. Under Va. Code § 8.01-90, persons with an interest in land may file a partition suit. The circuit court in the county where the property sits has jurisdiction. Below are the essential steps:
- Confirm Ownership Interests: Review deeds, wills, and trust documents. Create a list of all co-owners and determine each party’s ownership share.
- Commission a Survey and Plat: Hire a licensed surveyor to map the property boundaries. The court requires an accurate plat for any physical division.
- Draft the Partition Petition:
- Identify the property by its legal description.
- Name all co-owners as parties (see Va. Code § 8.01-91).
- Explain each party’s interest and the relief sought (physical division or sale).
- File the Petition and Pay Fees: Submit the petition to the clerk of the circuit court where the property lies. Pay the required filing fee based on the local fee schedule.
- Serve Process on Co-Owners: Serve the petition and summons on each co-owner via sheriff or private process server. For unknown parties, publish notice under Va. Code § 8.01-307.
- Attend the Initial Hearing: The court sets an initial hearing. If co-owners reach an agreement, the court may enter an agreed order of partition.
- Commissioner Appointment: If parties disagree, the court appoints commissioners to value and recommend division or sale (Va. Code § 8.01-93).
- Review Commissioner’s Report: Review and, if necessary, object to the report within the deadline. The court then issues a final decree ordering physical division or sale.
- Finalize Distribution: For a sale, the clerk conducts a public sale and distributes proceeds according to ownership shares. For a physical division, the court directs the clerk to record new deeds reflecting each co-owner’s parcel.
Partition actions can become complex, especially with unequal ownership shares or out-of-state parties. Consider consulting a Virginia-licensed attorney to guide you through the process and protect your interests.
Helpful Hints
- Gather all title and ownership documents before drafting your petition.
- Hire a reputable surveyor to prepare a clear, detailed plat.
- Use certified mail or a professional process server for reliable service.
- Explore mediation or negotiation before filing to resolve disputes cost-effectively.
- Review local circuit court rules for specific filing requirements and fee schedules.
- Budget for surveyor fees, court costs, and commissioner fees.
- Consider potential tax implications if the court orders a sale.