Disclaimer: This article provides general information and is not legal advice. For advice tailored to your circumstances, consult a lawyer licensed in West Virginia.
Detailed Answer
What Is a Partition Action?
A partition action is a court proceeding that allows multiple owners of a property to divide or sell it when they cannot agree on its use or disposition. West Virginia Code §37-6-1 et seq. (W.Va. Code Chapter 37, Article 6) sets the rules for partition actions in West Virginia.
Types of Partition
West Virginia recognizes two main types of partition:
- Partition in Kind: The court divides the property into separate physical parcels, giving each co-owner a portion. See W.Va. Code §37-6-16.
- Partition by Sale: If dividing the property in kind is impractical or inequitable, the court orders a public sale and distributes proceeds among owners based on their ownership interest. See W.Va. Code §37-6-17.
How to Initiate a Partition Action
Any co-owner may file a complaint in the circuit court of the county where the property is located. The complaint must:
- Identify all co-owners and the property’s legal description.
- State the type of partition requested (in kind or by sale).
- Pray for partition under West Virginia Code §37-6-1.
The plaintiff serves a summons and copy of the complaint on all other co-owners (defendants). Defendants may file an answer contesting the action.
Court Procedures
Once the complaint is filed and answered, the court may:
- Appoint three disinterested commissioners to survey, value, and propose division of the property. See W.Va. Code §37-6-3.
- Hold hearings to resolve disputes over valuation, division, and expenses.
- Approve the commissioners’ report or order an alternative solution.
Possible Outcomes
The court may:
- Divide the property physically among owners.
- Order a public sale and distribute proceeds proportionally.
- Adjust distributions for improvements, liens, or unpaid expenses.
Helpful Hints
- Review your deed and title documents before taking action.
- Attempt mediation or negotiation with co-owners to avoid court costs.
- Gather recent appraisals to inform the court’s valuation.
- Consider the tax and financial implications of a sale.
- Consult a real estate attorney licensed in West Virginia for guidance.