Detailed Answer — What steps are involved

If two or more people own farmland together and cannot agree on keeping or using it, West Virginia law allows a co-owner to ask the court to divide the land or force its sale. The process is called a partition action. The following explains the typical steps, the options a court will consider, and what co-owners should expect.

1. Confirm ownership type and basic facts

Before starting a partition action, confirm how title is held. Common forms:

• Tenancy in common — each owner has an undivided interest and may seek partition.
• Joint tenancy — joint tenants can generally seek partition, but the ownership form can affect survivorship rights.
• Tenancy by the entirety — typically available only to married couples and often restricts partition by one spouse alone.

Gather deeds, title records, mortgage information, surveys, tax bills, leases, and records of improvements or rents. These documents will be needed whether you negotiate or go to court.

2. Try to resolve the issue outside court

Court action is expensive and time-consuming. Common alternatives:

• Buyout: one owner buys the other owner’s share using an agreed valuation or independent appraisal.
• Sell the farm by agreement and split proceeds.
• Mediation: use a neutral mediator to reach a settlement where the property is divided, managed jointly, or one co-owner buys out the others.

3. Filing a partition action in West Virginia circuit court

If negotiation fails, a co-owner files a partition complaint in the circuit court in the county where the land is located. Circuit courts handle real property actions in West Virginia; see the West Virginia Judiciary for local court information: https://www.courtswv.gov/.

Typical elements of the complaint include:

• Identification of the property and each co-owner.
• Statement of how title is held and the shares each party claims.
• A request for partition in kind (physical division) or, if not practical, partition by sale.
• A request for appointment of a commissioner or master to value or divide the land, if the court allows.

4. Service, response, and preliminary court steps

All co-owners and certain lienholders must be served with the complaint. Defendants file answers raising any defenses (ownership disputes, claims to liens, improvements, offsets for waste, etc.). The court may require initial disclosures, an ownership hearing, or order appraisal and inspection.

5. Appraisal, commissioners, and evidence

To divide land fairly, courts often appoint a commissioner or master and may order appraisals. The appointed official prepares a report showing proposed divisions, values, and recommended actions. Parties can present evidence about value, the farm’s use, improvements, and feasibility of dividing the parcel without harming its productive use.

6. Partition in kind vs. partition by sale

The court aims to divide property physically (partition in kind) when it is practical and fair. If an in-kind division would materially impair the property’s value, utility, or productivity (for example, splitting a single contiguous field into awkward parcels that reduce farming viability), the court may order a sale and divide net proceeds among owners.

Factors the court will consider include:

• Whether the land can be divided into usable parcels without unfairly harming any co-owner.
• Relative ownership shares.
• Improvements, fences, or structures that affect division.
• Costs of division versus a sale’s proceeds.

7. Sale process and distribution

If the court orders sale, it will typically:

• Order a public sale (often at auction) or direct a private sale under court supervision.
• Require notice to interested parties and lienholders.
• Pay off liens, mortgages, and the costs of the action (attorneys’ fees and sale costs) from the sale proceeds, then distribute the remainder proportionally to owners.

8. What the court can adjust or credit

Court may award credits or charges to adjust shares for:

• Payments by one co-owner for mortgage, taxes, or necessary repairs.
• Unpaid rents from tenants (rent collected or owed).
• Waste or damage caused by a co-owner (may reduce that owner’s share).
• Improvements made by one owner increasing value (court may compensate according to fairness and evidence).

9. Timeline and cost expectations

Partition actions can take several months to a few years depending on disputes, the need for appraisals, and appeals. Costs include court filing fees, attorney fees, appraisal and survey costs, and sale expenses. Each case differs—cost estimates require local counsel review.

10. Appeals and post-judgment issues

Either side can appeal partition rulings under normal appellate procedure in West Virginia if they believe the court made reversible legal or factual error. A sale or division can be stayed during appeal if the appellant posts security as required by the court.

For general statutory authority on real property matters in West Virginia, see the West Virginia Code (Real and Personal Property): https://code.wvlegislature.gov/title/37/. For procedural and court locations, see the West Virginia Judiciary: https://www.courtswv.gov/.

Helpful Hints

• Document ownership: compile deeds, surveys, tax records, leases, and mortgage documents before contacting an attorney.
• Try mediation first: a mediated buyout or sale will usually save time and money.
• Get an independent appraisal early so parties have a realistic value estimate.
• Consider farming viability: physical division can reduce a farm’s productivity and value — factor this into negotiation and court arguments.
• Know likely credits: keep records of payments for taxes, mortgage, improvements, or repairs that you expect credited at division or sale.
• Locate lienholders: lenders and others with recorded liens must be joined in the action or paid from sale proceeds.
• Consult a West Virginia real property attorney: an experienced attorney can explain options, prepare pleadings, and represent you in court. If you are low-income, check for legal aid services in West Virginia.
• Timing: be prepared for a process that can take many months — plan financially and for farm management during the dispute.