Short answer

If co-owners of real property in West Virginia cannot agree on dividing the land or home, any co-owner can ask the circuit court where the property is located to force a partition. The court can order a physical division (partition in kind) when practical or a sale of the property with proceeds divided among the owners (partition by sale) if division is impractical. The process begins by trying to resolve the dispute, then filing a complaint for partition in the appropriate West Virginia circuit court and following the court’s procedures for notice, appraisal, and distribution.

Detailed answer — step-by-step process under West Virginia law

1. Try to resolve the dispute before filing

Courts expect co-owners to try to resolve division disputes through negotiation, mediation, or a buyout. A written demand that the other co-owners agree to a proposed division or a purchase of interests can help later if you proceed to court.

2. Where to file

File the partition complaint in the circuit court of the county where the property is physically located. Circuit courts in West Virginia handle real property and partition claims. For general information on West Virginia courts, see the West Virginia Judiciary: https://www.courtswv.gov/.

3. Who must be named as parties

Name all persons with an ownership interest in the property (record title holders and any other party who claims an interest). Also list any lienholders (mortgages, judgment liens) so the court can decide how encumbrances affect distribution. If you do not name a known owner or lienholder, the court may later reopen the case to add them.

4. What the complaint should say

The complaint typically states: you are a co-owner, you and the other owners cannot agree on division, and you ask the court to partition the property. Include a legal description of the property, the percentage or nature of each party’s claimed interest (if known), and any facts about liens, mortgages, or rents and profits. Ask the court for specific relief—partition in kind or, if not practicable, partition by sale—and for costs, sale expenses, and distribution of proceeds.

5. Service and notice

Serve all named defendants with the complaint and summons following West Virginia civil procedure rules. The court will require proper service so all parties have an opportunity to respond. If a party cannot be located, the court may permit substituted service or service by publication under applicable rules.

6. Court response and defenses

Defendants may file an answer asserting ownership, contesting the requested remedy, alleging the property should be partitioned in kind, or claiming offsets (for example, contributions to improvements or unequal use). The court resolves competing claims and factual disputes before ordering partition.

7. Determining whether partition in kind is possible

The court will examine whether a physical division of the property is practicable without significantly reducing value or fairness. For example, a large tract of farmland might be divisible, while a single-family house usually is not. If the court orders partition in kind, it may appoint commissioners or a special master to survey, divide, and report the proposed allotments to the court.

8. Partition by sale

If dividing the property would be impractical or would result in unfairness or severe diminution in value, the court can order partition by sale. The court usually appoints a commissioner or trustee to arrange the sale, oversee any bidding process, and report sale results to the court. After the sale, the court directs payment of mortgages, liens, taxes, sale costs, and then divides the net proceeds among owners according to their interests.

9. Accounting for liens, mortgages, and improvements

The court will account for outstanding mortgages and liens; these typically must be paid from sale proceeds or otherwise resolved. The court also may account for rents, profits, expenses, and improvements. For example, a co-owner who paid mortgage payments or made substantial improvements might seek reimbursement or a larger share of proceeds, subject to proof.

10. Temporary relief: possession, rents, and injunctions

While the case is pending, a party can ask the court for temporary possession, an accounting of rents, or an injunction to prevent a co-owner from selling or encumbering the property. Courts may order that one co-owner pay the other for exclusive use or contribution toward costs during litigation.

11. Costs, fees, and timing

Partition actions can take months to over a year depending on complexity, disputes, appraisal needs, and sale scheduling. Courts typically allocate court costs and may award attorney fees in certain situations (for example, if a party acted wrongfully or contractually agreed to pay fees), but recovering attorney fees is not automatic.

12. Final order and appeal

After commissioners report and the court approves a division or sale, the court will enter a final decree distributing property or proceeds and directing conveyances or payments. Parties can appeal the decision under standard appellate procedures if they believe the court made legal errors.

Relevant West Virginia resources

• West Virginia Legislature (search statutes): https://code.wvlegislature.gov/
• West Virginia Judiciary (court information and procedures): https://www.courtswv.gov/

Note: Partition is governed by statutes and court rules; consult the West Virginia Code and local circuit court rules for procedural details. Use the Legislature’s searchable code to find statutes related to partition and real property.

Helpful hints — practical steps and documents to prepare

• Gather title documents: deed(s), the most recent title search, mortgage statements, and any agreements among owners.
• Collect evidence of contribution: receipts for mortgage payments, taxes, insurance, and improvements to support claims for reimbursement or offsets.
• Get a current property valuation or appraisal to estimate likely proceeds and to help decide between buyout, partition in kind, or sale.
• Consider mediation early. Courts often view good-faith settlement efforts favorably and mediation can dramatically reduce time and cost.
• If you want exclusive possession while the suit is pending, be prepared to show why and to post any required security or accounting for rents and expenses.
• Notify lienholders and tenants (if any). Tenants’ rights and rental income must be considered and documented.
• Talk to a West Virginia real estate attorney or a circuit court clerk to confirm local filing requirements, fees, and whether the court uses a commissioner for partition cases.

Common alternatives to filing a partition action: negotiated buyout of one owner’s share, sale by mutual agreement, voluntary re-division by agreement, or forming a plan for shared use and expenses (co-ownership agreement).