Detailed Answer

When multiple people own the same real property in West Virginia and one owner has filed (or threatens to file) a partition action, you can often avoid a court-ordered public sale by offering to buy out the other owners. A properly prepared buyout can save time, reduce legal costs, and preserve value. Below are the key legal and practical steps to follow under West Virginia practice.

1. Confirm the nature of the ownership and status of the partition case

Start by confirming how the owners hold title (tenancy in common, joint tenancy, etc.), the names of all parties, and whether a partition complaint or counterclaim has been filed. Review the court docket to learn whether the court has already set hearing dates, appointed commissioners or ordered a sale. You can search the West Virginia Code and local court rules for procedures related to partition actions at the West Virginia Legislature website: https://www.wvlegislature.gov/wvcode/ and the West Virginia Judiciary rules page: https://www.courtswv.gov/legal-community/rules/index.html.

2. Determine fair market value and each owner’s share

Obtain a professional appraisal or at minimum a broker’s market analysis. Calculate each co-owner’s fractional share (often based on deed percentages or contribution). Subtract known liens, mortgages, taxes, and anticipated partition costs (attorneys’ fees, costs of sale, commission) from the gross value to estimate net equity. The buyout price you offer should reflect net equity attributable to the seller’s share unless the parties agree otherwise.

3. Prepare a clear, written buyout proposal

Your written proposal should include:

• Identity of buyer and seller(s).
• Exact property description and title references.
• Buyout price and how it was calculated (appraisal basis, share percent, liens adjusted for).
• Payment terms (cash at closing, escrow, financing contingency, schedule).
• Who will pay closing costs, title exam, and who will be responsible for any mortgage defeasance or assumption.
• Deadline to accept the offer and any required deposit or earnest money.
• Required documents at closing (deed form, releases, satisfaction of liens).
• A provision allowing filing with the court to dismiss or stay the partition case upon closing.

4. Serve the offer and document communications

Serve the written offer on each co-owner and, if they have counsel, serve their lawyers as well. Use certified mail or another method that provides proof of delivery. Keep copies of everything. If a partition action is already pending, also file a copy of the offer in the court file or at least notify the court by filing a short notice of proposed settlement or stipulation (see step 6).

5. Use escrow or a deposit to show seriousness

Providing earnest money or placing funds into an escrow account demonstrates good faith and gives co-owners confidence the buyer can close. Use a neutral title company or attorney to hold escrow. Make the deposit refundable only under agreed contingencies (e.g., if title issues arise or financing fails).

6. Ask the court to stay the partition or approve a stipulation if the case is pending

If a partition suit is pending, the parties can ask the court to suspend further partition proceedings while they finalize the buyout. If all owners agree, they can file a stipulation of dismissal or a joint motion to stay the case (or to approve the terms of a settlement) and ask the court to enter an order. If not all owners agree, a buyer who reaches agreement with some owners can still present evidence of a negotiated settlement to the court and ask the court to allow the transfer rather than force a sale.

West Virginia courts generally prefer settlements among co-owners when those settlements are fair and do not prejudice absent parties. Where a partition action has already led to appointment of commissioners or a court-ordered sale, you should move promptly and present the proposed buyout terms and proof of ability to perform to the judge.

7. If co-owners refuse, consider alternative routes

If the other co-owners decline your offer, options include:

• Making a better written offer (higher price, better terms, quicker closing, more escrow).
• Filing a motion in the partition case for an appraisal or valuation hearing so you can tender a court-ordered buyout amount.
• Mediation: Ask the court or the parties to agree to mediation to reach a buyout.
• Purchasing the property at a judicial or sheriff’s sale (if the court orders a sale) — but this can be riskier because bids are public and the property may sell for less than market value.

8. Closing and court filings

At closing, obtain a properly executed deed, a release of claims from the seller(s) and a title endorsement or owner’s policy showing clear title (subject to any agreed exceptions). Once the transfer closes, file records of the deed and, if the partition case was pending, file a stipulation of dismissal or a notice with the court confirming the settlement and asking the court to vacate pending sale orders.

9. Tax and lien considerations

Confirm who pays off mortgages, mechanic’s liens, property taxes, and assessments. Understand any capital gains or gift tax consequences of the transfer. Consult a tax professional for implications of the buyout.

10. When to involve a lawyer

Work with a West Virginia real estate or litigation attorney when:

• Multiple owners or complex title issues exist.
• There are liens, bankruptcies, or disputes about ownership shares.
• A partition action is already pending and court intervention will be needed.
• You need help drafting a settlement, deed, escrow instructions, or court filings.

An attorney can draft an enforceable buy-sell agreement, negotiate terms, prepare court pleadings (stipulations or motions), confirm that the settlement meets West Virginia court standards, and reduce the risk of later disputes.

Helpful Hints

• Get an independent appraisal early; a credible valuation speeds agreement.
• Run a title search and identify liens, easements, and prior judgments before making an offer.
• Make your offer in writing and include a clear acceptance deadline to encourage a timely response.
• Use escrow for earnest money and consider a title company to close to provide neutral handling of funds and documents.
• If a partition action is pending, file a short notice with the court that a settlement offer has been made — this protects your interest and alerts the judge that a consensual resolution may be available.
• Be ready to show the court that a settlement is fair — proof of appraisal, accounting of liens/costs, and the agreed-upon division make court approval more likely.
• Consider mediation before litigation escalates — judges often view mediated settlements favorably and may stay proceedings to allow negotiation.
• Don’t ignore co-owners you cannot find; West Virginia courts have rules for substituting parties and providing notice — ask a lawyer how to proceed if someone is unknown or unreachable.