Options to Force Sale or Division of Real Property You Still Co-Own After Divorce in West Virginia

Short answer: If you still co-own real property with your ex, you have several paths to end shared ownership: enforce any divorce-court property order, negotiate a buyout or settlement, ask a court to partition (divide) the property or order a sale, or pursue other court remedies to clear title or enforce liens. Which route fits best depends on the divorce decree, how title is held, the property’s condition and value, and whether your ex cooperates.

Detailed answer — what to know and the steps to take

1) First: check the divorce decree and any written orders

Start by reviewing your final divorce decree and any post-decree orders. If the divorce court already awarded the property to one spouse, ordered a sale, or set a buyout method, you can usually ask the court that issued the decree to enforce it. Enforcement can include motions for contempt or an order directing the county clerk or sheriff to execute the court’s directions.

If the decree is silent or ambiguous about the property, the parties remain co-owners and you must pursue other remedies.

2) Negotiate a voluntary resolution: buyout, refinance or sale

The least expensive and fastest option is to negotiate. Common voluntary solutions:

One owner buys the other out using savings or refinancing the mortgage.
The parties agree to list the house and split net proceeds on sale.
Agree to mediation to set valuation and terms if you cannot reach an agreement directly.

Put any deal in writing and record deed changes and mortgage/ lien changes as needed.

3) Court-ordered partition (forced sale or division)

If negotiation fails, file a partition action in the Circuit Court in the county where the property sits. Partition law generally allows co-owners to force either a division of the land (partition in kind) or a public sale with proceeds divided among owners. Courts prefer partition in kind when practical, but they will order sale if physical division would be impractical or would impair the land’s value.

Typical partition process:

File a complaint for partition naming all co-owners and any lienholders.
The court may appoint commissioners or referees to examine the property, prepare a plan for division, or recommend sale and distribution of proceeds.
If the court orders sale, it will direct how proceeds are distributed after paying liens and costs.

Partition is a powerful remedy because it cannot be blocked by an uncooperative co-owner. However, it can be slow and involve court costs, appraisal fees and potential sale costs.

See West Virginia statutory provisions on partition for governing procedures and remedies: W. Va. Code, Title 37 (Partition).

4) Enforcement remedies when a divorce court already decided ownership

If the divorce court awarded the property or described how to divide it but the ex refuses to comply, you can return to the court that entered the decree and seek enforcement. Common enforcement tools include:

Motion for contempt for disobeying a court order (which can lead to sanctions).
Writs of execution to transfer title or direct sale if the court authorized sale.
Turnover orders directing the county clerk or other official to effectuate deed transfers.

The family court or circuit court that issued the decree handles these motions. For reference on the statutes governing divorce and property distribution: W. Va. Code, Title 48 (Domestic Relations).

5) Quiet title, liens and complications

If title is clouded, if there are liens or unpaid taxes, or if one co-owner took steps that affect ownership (deeds, transfers or mortgages), you may need additional actions such as a quiet title suit or lien enforcement. Include all lienholders in any partition action; the court will address lien priority and payment from sale proceeds.

6) Practical considerations and likely timeline

Timeline: Negotiated buyouts can close in weeks or months. Partition or enforcement litigation usually takes several months to a year (or longer) depending on court schedules, appeals, and complexity.
Costs: Expect filing fees, service costs, appraisal and survey fees, attorney fees and possible sale commission or court costs.
Occupancy and expenses: Courts may allocate responsibility for mortgage, taxes and insurance during litigation. Keep records of payments and expenses.
Tax consequences: Sale or buyout may trigger capital gains or affect tax filing — consult a tax professional.

Helpful Hints

Locate and save the divorce decree, property deed(s), mortgage statements, tax bills, insurance policies and any written agreements — the court will want documentation.
Confirm how title is held (joint tenancy with right of survivorship vs. tenants in common). The form of title affects remedies and outcomes.
Get a current professional appraisal or broker price opinion before negotiating or filing a partition action.
Consider mediation: courts often encourage or require mediation for family/property disputes. Mediation can be faster and far cheaper than litigation.
If your ex is refusing to sign a deed but the divorce order awarded you the house, file a motion to enforce rather than attempting self-help (do not change locks or remove property without court authorization).
Include mortgage and tax timelines in your plan; if payments lapse, a lender’s foreclosure could complicate co-ownership and reduce proceeds.
When filing a partition, name all interested parties and lienholders. Leaving someone out can delay proceedings.
Ask the court for interim orders to allocate possession and payment responsibilities while the case proceeds.
Talk to a West Virginia real property attorney to learn local rules and likely timelines in the county where the property sits.

Where to file and where to look up the law: Partition and real property actions are generally filed in the Circuit Court in the county where the property is located. For statutory text and chapter titles, consult the West Virginia Code: Title 37 — Partition and Title 48 — Domestic Relations.

Next practical steps: 1) Gather your documents, 2) talk to a local West Virginia attorney experienced in real property and family law, and 3) consider mediation or direct negotiation before filing suit if timing and finances favor settlement.

Disclaimer: This article explains general West Virginia law and common options but does not provide legal advice. It does not create an attorney-client relationship. For advice about your unique situation, consult a licensed West Virginia attorney.