Can I sell a co-owned West Virginia property to pay funeral and property tax bills?

Short answer: Possibly — but the path depends on who owns the property, whether one co-owner has the right to act alone, whether the deceased owner’s interest is subject to probate, and whether liens (like mortgages or tax liens) exist. If co-owners cannot agree, you may need to ask the circuit court to partition or order a sale. This article explains the common steps and options under West Virginia law.

Important disclaimer

I am not a lawyer. This article explains general West Virginia information and common procedures, not legal advice. For help specific to your situation, consult a West Virginia attorney or the West Virginia courts.

Detailed answer — steps and legal background (West Virginia)

1. Confirm ownership and how title is held

First, get a copy of the deed. The deed tells you whether owners hold title as joint tenants with rights of survivorship, tenants in common, or some other arrangement. In West Virginia, co-owners who hold as tenants in common each own a share that can be sold, inherited, or probated separately. Joint tenants with right of survivorship usually transfer the decedent’s share automatically to the surviving joint owner.

2. If one owner died, determine whether probate is required

If the property interest belonged to a deceased person, that interest may be part of the decedent’s estate and subject to probate. Small-estate procedures or an affidavit may allow transfer without full probate if the estate value qualifies. For official statutes and probate procedures, see the West Virginia Code (Title 44) and the West Virginia Judiciary for local probate procedures: W. Va. Code, Title 44 (Wills & Decedents’ Estates) and West Virginia Judiciary.

3. Locate and address liens: mortgages, property tax liens, and other claims

Before any sale, identify secured claims against the property. Property tax arrears usually become liens on the property and have priority over many other claims. Use the county tax office or the West Virginia State Tax Department for tax lien information: tax.wv.gov. Mortgage lenders and other creditors may have recorded liens that must be paid at closing.

4. Funeral expenses: how they get paid

Funeral expenses are typically claims against the decedent’s estate. If the decedent left an estate with sufficient assets, funeral bills are usually paid out of estate funds during probate. If there is no estate or insufficient estate funds, funeral providers may look to surviving relatives in some circumstances, but statutory liability varies. Because funeral costs are usually unsecured, they may be lower priority compared with tax liens and secured mortgages.

5. Try to reach an agreement with co-owners first

The fastest, least expensive route is agreement. Co-owners can:

• Agree to a private sale and split net proceeds according to ownership shares.
• Agree that one owner will buy out the other’s share (get an appraisal and execute a buyout).
• Agree that sale proceeds will first pay property taxes, mortgage payoffs, and funeral costs, with the remainder split by ownership share.

Put any agreement in writing, get pay-off statements for mortgages and liens, and hire a title company or attorney to handle closing and distribution.

6. If a co-owner will not agree: partition action (court-ordered sale)

When negotiations fail, a co-owner can file a partition action in the circuit court where the property sits. A partition action asks the court either to physically divide the land (rare) or to order a sale and divide the net proceeds. The court handles notice to all interested parties, determines ownership shares, pays liens out of sale proceeds, and distributes remaining funds. For court filing and procedure, contact your local circuit court or view the West Virginia Judiciary homepage: https://www.courtswv.gov/.

7. How sale proceeds are typically applied

1. First, secured liens and mortgage payoffs are paid at closing.
2. Next, statutory tax liens and unpaid property taxes are paid (tax liens often have priority).
3. Then, administrative and court costs (if the sale is by court order) and closing costs are paid.
4. Finally, unsecured claims (including funeral bills if they are claims against the estate rather than secured liens) are paid from estate assets or from the co-owner’s share only if they are creditors of the estate and the estate is responsible. If a co-owner sold their own share voluntarily, funeral bills that are personal claims against the estate may need to be satisfied through probate distribution rather than from the other co-owner’s share.

8. Practical timing and cost expectations

A voluntary, agreed sale can take a few weeks to months depending on title issues and payoff time. A partition action can take many months and involve court costs and attorney fees; the court can order the sale and distribution but cannot control how fast an estate’s debts are resolved outside of that process.

9. Example (hypothetical facts)

Suppose two siblings, A and B, own a house as tenants in common, 50/50. One sibling dies leaving unpaid funeral costs ($6,000) and unpaid property taxes ($2,500). A wants to sell to pay the bills. Steps A would take:

1. Get the deed to confirm tenancy in common.
2. Search title for mortgages and liens; contact the county tax office for tax lien information.
3. If the decedent’s interest is part of probate, open a probate case or use a small-estate affidavit if eligible under WV rules.
4. Ask B to agree to sell. If B agrees, put that in writing and use a title company to handle payoff and distribution ⎯ taxes and mortgage first, then funeral bill claim if it is a valid claim against the estate.
5. If B refuses, file a partition action in circuit court asking for a sale and division of net proceeds after liens and costs.

Helpful Hints

• Check title early. A title search reveals mortgages, liens, and recorded heirs or claims.
• Talk first. A written agreement with co-owners avoids court delay and cost.
• Get pay-off demands in writing. Mortgage lenders and tax offices will provide written payoff amounts; use those at closing.
• Document funeral bills and creditor claims. If funeral providers claim a right to payment from estate assets, they should submit a written claim in probate.
• Consider a short-term bridge loan only if sale timing is urgent, but be cautious: adding debt can complicate distribution and priority of liens.
• Use experienced professionals: a West Virginia real estate attorney, a title company, and a local real estate agent familiar with probate/partition sales.
• If you plan to file a partition, contact the county circuit court clerk to learn local filing requirements and timelines.
• For statutes and formal rules, consult the West Virginia Code and the West Virginia Judiciary: https://code.wvlegislature.gov/ and https://www.courtswv.gov/.
• If you cannot afford counsel, ask the local bar about low‑cost or pro bono referrals (see the West Virginia State Bar: https://www.wvbar.org/).

Next steps

1) Pull the deed. 2) Get a title search or ask a title company for a prelim. 3) Contact the county tax office about unpaid taxes. 4) Talk with the co-owner(s) about a voluntary sale. 5) If you cannot agree, consult a West Virginia attorney about filing a partition action and the best way to protect legitimate creditor claims (including funeral providers).