Disclaimer: This is general information only and is not legal advice. Consult a West Virginia attorney about your specific situation before taking legal action.
Detailed Answer
If you and multiple relatives co-own a parcel of land in West Virginia and you want the property divided or sold over the objection of other co-owners, the usual legal tool is a court action for partition. Under West Virginia property law, any co-owner of real property can ask the circuit court to divide the property among co-owners or to order a sale and distribution of proceeds when division in kind is impossible or impractical. See West Virginia Code, chapter 38 (Real and Personal Property) for statutes governing rights in property and related actions: https://code.wvlegislature.gov/chapter/38/.
Key legal concepts
- Tenancy in common: Most family-owned parcels are held as tenants in common, meaning each owner holds a distinct, transferable share. Any tenant in common may bring a partition action.
- Partition in kind vs. partition by sale: The court first considers whether the property can be physically divided (partition in kind). If the court finds a fair physical division is not practical or would substantially reduce value, it can order a sale and divide the net proceeds among co-owners.
- Parties required: All co-owners with an ownership interest must be named or properly served in the partition action. Unknown heirs or mortgage holders may also need to be included or given notice.
Typical steps to force a division or sale
- Check title and ownership shares. Get a copy of the deed(s) and a current title report to identify all co-owners, liens, mortgages, or encumbrances.
- Attempt negotiation first. Courts often expect parties to try resolving the matter by agreement, mediation, or buyout offers. A negotiated sale or buyout can avoid court costs and delays.
- File a partition complaint in circuit court. If no agreement is reached, file a complaint for partition in the circuit court of the county where the land is located. The complaint names all co-owners and asks the court to divide the property or order sale.
- Court appointment of a commissioner or referee. The court may appoint a surveyor, commissioner, or special master to determine whether division in kind is feasible, prepare a map, and recommend sale if needed.
- Hearing and ruling. After notice and opportunity to be heard, the court will decide whether to partition the property in kind or order a sale. If sale is ordered, the court will supervise how the property is marketed and sold (often by sheriff’s sale or auction under court direction) and distribute proceeds after paying liens, taxes, and court costs.
What the court considers when choosing division or sale
The court weighs factors such as whether the land can be physically and fairly divided, whether division would materially impair value, the size and shape of the parcel, improvements (houses, utilities, shared driveways), and fairness among owners. If dividing would leave awkward parcels or reduce overall value, the court frequently orders a sale and distribution of proceeds.
Liens, mortgages, and costs
Mortgages and recorded liens typically remain attached to the property and are paid from sale proceeds before owners receive their shares. The court will deduct reasonable costs, commissions, taxes, and any credits for improvements or payments made by particular co-owners.
Time, expense, and outcomes
Partition suits can take months to more than a year depending on complexity, title issues, and whether parties appeal. Expect court costs, possible appraisal fees, surveyor fees, and attorney fees. Because outcomes vary, many co-owners prefer negotiation or buyouts to avoid litigation expense and uncertainty.
Special situations
- If one co-owner has been using and improving the land exclusively for many years, there may be claims (e.g., adverse possession or contribution claims) that complicate the division—evidence and legal defenses matter.
- If some co-owners are minors or deceased, the court will require proper representation of those interests (guardians or executors as necessary).
- Tax consequences can arise from sale or distribution. Consult a tax advisor about capital gains, basis, or 1031-like options before finalizing a sale.
Where to file and procedural resources
Partition actions are brought in the West Virginia circuit court for the county where the property is located. For general information about circuit courts, see the West Virginia Judiciary site: https://www.courtswv.gov/public-resources/court-basics/circuit-courts.html. For statutory rules and more detail on property law, consult West Virginia Code, chapter 38: https://code.wvlegislature.gov/chapter/38/.
Helpful Hints
- Gather deeds, wills, surveys, tax receipts, mortgage documents, and any written agreements among owners before contacting an attorney.
- Obtain a current title search to identify all recorded interests and potential unknown owners.
- Consider a professional land survey and independent appraisal to support a division-in-kind proposal or to set an offer price for buyouts.
- Try mediation or a facilitated family meeting before filing suit. A negotiated buyout or sale often saves time and money.
- If you do file, name every person with a recorded or likely claim to the property to avoid delays for missing parties or unknown heirs.
- Be realistic about costs — partition litigation and courtsupervised sales include fees and can reduce net proceeds compared to an agreed private sale.
- Speak with a West Virginia property attorney early. An attorney can explain local practice, draft the complaint, arrange service, and advise on likely outcomes and settlement strategies.
Final note: Partition law can be technical. Use the West Virginia Code chapter on real property as a starting point (https://code.wvlegislature.gov/chapter/38/) and consult a West Virginia lawyer to protect your rights and guide you through the process.