West Virginia: Forcing the Sale of an Inherited Parcel — Partition and Co-Owner Disputes

Detailed answer

If you co-own an inherited parcel in West Virginia and a family member refuses to list or sell it, you can usually force a sale through a court-ordered partition action. This is a common legal tool when co-owners cannot agree. Below is a plain-language explanation of how this typically works in West Virginia and what you can expect.

Who can file?

Any legal owner with an interest in the property (for example, a co-tenant or a beneficiary who now holds title) may file a partition action in the circuit court for the county where the property sits. If the property is still part of a probate estate, the personal representative or an heir with title may pursue partition once title vests.

Types of partition

• Partition in kind: The court divides the land physically between owners. This works only when the parcel can be fairly split without undue harm to value or use.
• Partition by sale: If physical division is impracticable or would substantially reduce value, the court orders the property sold and divides net proceeds among owners based on their ownership shares.

Typical procedure

1. Try to resolve the dispute directly: demand in writing that the co-owner cooperate, offer buyout options, or propose mediation.
2. If negotiation fails, file a partition action in the county circuit court where the property is located. The complaint names all owners and any parties with liens or interests.
3. The court reviews the facts. If the court finds that partition in kind is impracticable or inequitable, it will order a sale. The court may appoint a commissioner or direct a sheriff’s sale or judicial sale procedure to sell the property.
4. After sale, the court deducts liens, mortgage payoffs, sale costs, taxes, and court costs, then distributes the balance among owners per their legal shares.

What evidence and documents help your case?

Bring recorded deeds, the will or probate documents, recent tax statements, mortgage or lien documents, surveys, and any appraisals. Evidence that the parcel cannot be fairly divided or that continued joint ownership causes harm strengthens a request for sale.

Costs, timing, and practical considerations

• Partition actions can take months to more than a year depending on complexity, disputes, and backlog in the circuit court.
• Court costs, attorney fees (if awarded), appraisal and sale costs, and payoff of mortgages come out of sale proceeds.
• The court can sometimes require one owner to buy out others at a court-determined value instead of ordering a public sale.
• Liens and mortgages follow the property, so outstanding debt usually must be paid from sale proceeds unless co-owners agree otherwise.

Probate interactions

If the parcel is still owned by a decedent’s estate, check whether the personal representative has authority under probate law to sell estate real property without court-ordered partition. Otherwise, heirs who have become owners after probate may bring the partition action.

Where to find the law

West Virginia allows partition actions in its courts. For statutory text and related rules, search the West Virginia Code and court resources at the official state sites:

• West Virginia Code (search for “partition” or “sale of land”)
• West Virginia Judiciary (circuit court information and forms)

When to get a lawyer

Hire a West Virginia real estate or probate attorney if:

• The co-owner refuses all reasonable offers, or tensions are high.
• There are liens, mortgages, or complex title issues.
• You want to seek a buyout instead of public sale or need help with mediation.

An attorney can prepare and file the complaint, gather title evidence, represent you at hearings, and explain how costs and proceeds will be handled.

Disclaimer: This article is for general information and is not legal advice. It does not create an attorney-client relationship. Speak with a licensed West Virginia attorney about the specific facts of your situation.

Helpful hints

• Document your communications. Send written demands and keep copies of any offers to buy or divide the property.
• Get a current appraisal before starting a dispute. A neutral valuation can support a buyout offer or court arguments about division vs. sale.
• Request a title report to discover mortgages, liens, or clouded title early.
• Consider mediation. Courts often view reasonable settlement efforts favorably and mediation can save time and expense.
• If you want the property, prepare a formal buyout proposal showing how you’ll pay off liens and close promptly.
• If the property remains in probate, check whether the personal representative has statutory authority to sell during administration.
• Budget for court costs, possible attorney fees, appraisal costs, and sale expenses when deciding whether to proceed.
• Ask the court about temporary relief if a co-owner is damaging the property or removing valuable assets.