Detailed Answer: Filing a Partition Action in West Virginia to Force a Sale of an Inherited Interest

Short overview: If you own an inheritable share of family land together with one or more co-owners and you cannot agree on possession or disposition, you may ask a West Virginia circuit court to divide the property (partition in kind) or to force its sale and divide the sale proceeds (partition by sale). A court-ordered sale is used when dividing the land physically is impractical or would cause prejudice to owners.

Who can start a partition action?

Any person who holds a legal or equitable interest in real property in West Virginia—such as a person who inherited an ownership interest through probate or intestacy—has the right to bring a partition action in the circuit court for the county where the land is located. That includes co-owners who hold interests as tenants in common. If title is in a trust or entity, the appropriate trustee or legal owner must bring the action.

Where to file

File the action in the West Virginia circuit court for the county where the property is located. The West Virginia Judiciary site explains court organization and contact information: https://www.courtswv.gov/. For statutory research and general code information, use the West Virginia Code site: https://code.wvlegislature.gov/.

Typical steps and what your complaint should include

Gather documents before filing. Deeds, wills, probate orders (letters testamentary or letters of administration), death certificates, tax records, mortgage or lien information, and any written agreements between co-owners. These documents show who owns what share and any encumbrances on the land.
Identify parties. Name every record owner and any party with a lien or other interest (mortgagees, judgment lienholders). Courts require service on all persons who hold an interest so they can defend their rights.
Draft a complaint for partition. The complaint typically describes the property (legal description or parcel ID), states the nature of each plaintiff’s and defendant’s interest, asks the court to determine shares, and requests partition in kind or, if in kind is impracticable, a partition sale with distribution of proceeds after liens, taxes, and costs.
File and pay filing fees. Submit the complaint to the county circuit clerk and pay the required filing fee. Fee amounts vary by county and by whether you ask for a jury or non-jury matter.
Serve defendants. Arrange for proper service of the complaint and summons on all defendants according to West Virginia law.
Court process: Commissioner or sale. If the court orders partition in kind, it may appoint a commissioner to physically divide the property. If division is impractical, the court may order a sale—often by a court-appointed commissioner or through a foreclosure-type sale procedure—with the proceeds divided among owners according to their shares after payment of liens, taxes, costs, and any court-ordered fees.
Valuation and sale confirmation. The court may require appraisals, allow bidding procedures, and schedule a confirmation hearing to approve the sale and the proposed distribution.
Distribution of proceeds and closing. After the sale is confirmed, the clerk or commissioner handles payment of encumbrances and distributes net proceeds to owners in proportion to their legal shares.

Common legal issues and practical considerations

Partition actions require that all interested parties be joined; an owner may block a sale only by convincing the court that partition in kind is feasible and fair.
Court may consider physical division, fairness, burdens on remaining owners, access, and marketability when choosing between partition in kind and sale.
Liens and mortgages generally must be satisfied from the sale proceeds before owners receive net distributions.
If title is unclear, you may need to combine a partition with a quiet title claim so the court determines ownership before dividing or selling.

Timing and costs

Times vary widely. A straightforward uncontested partition can take a few months; a contested action with valuation disputes, appeals, or complicated title issues can take a year or longer. Costs can include filing fees, service fees, appraisal fees, commissioner fees, attorney fees, and costs of sale. In some cases, courts may award costs or attorney fees against a party who acted unreasonably, but that is fact-specific.

Practical alternatives to filing suit

Negotiate a buyout where one co-owner buys out others at an agreed price.
Sell the property voluntarily on the open market and distribute proceeds.
Use mediation to resolve disputes before court involvement; this is often faster and cheaper.

When to get an attorney

Consider consulting a West Virginia real property or probate attorney if (a) title is contested, (b) there are liens or mortgages, (c) multiple out-of-state owners complicate service, or (d) the dispute is likely to become contentious. An attorney can prepare pleadings, help join necessary parties, obtain appraisals, represent you at hearings, and protect your financial interests in the distribution of proceeds.

Resources

West Virginia Courts: general information and court contacts — https://www.courtswv.gov/
West Virginia Code (statutory texts and searching code sections) — https://code.wvlegislature.gov/

Disclaimer

This information is educational and general. It is not legal advice, and it does not create an attorney-client relationship. For advice specific to your situation, consult a licensed West Virginia attorney who handles real property and probate matters.

Helpful Hints

Collect title documents and probate paperwork before contacting the court or an attorney.
Make a list of all possible interested parties (heirs, devisees, mortgage and judgment lienholders) so you can name them in the complaint and avoid service delays.
Obtain a recent property survey or a plot map to help the court and appraisers understand physical division issues.
Get at least one independent appraisal to support valuation if you expect disputes about fair market value.
Explore a voluntary sale or buyout first; courts favor settlements and it usually cost less than litigation.
Ask the county circuit clerk about local filing procedures, forms, and fees before filing.
If the property has a mortgage, contact the mortgage holder to learn how a sale or division may affect the loan—lenders may require payoff on sale.
Consider mediation or a collaborative settlement to avoid the time and expense of a contested partition suit.