Detailed Answer
When co-owners of real property in West Virginia disagree on sale logistics or how to share costs, the state provides legal routes to resolve disputes. The most common remedy is a partition action. Under West Virginia Code §55-3-1 (“Action for Partition”), any co-owner may file a lawsuit in the circuit court to divide or sell the property. You can view the statute here: W. Va. Code §55-3-1.
During a partition action, the court decides whether to divide the land physically (“partition in kind”) or to order its sale and split the proceeds. Section 55-3-2 grants the court authority to appoint a commissioner to handle sale logistics, collect bids, pay outstanding liens or expenses, and distribute net proceeds to co-owners: W. Va. Code §55-3-2. The court allocates costs based on each party’s ownership interest.
Besides partition, co-owners may negotiate a buyout. One party can purchase the other’s interest at fair market value. You can use a qualified appraiser or a court-appointed commissioner to determine price. Alternatively, mediation or arbitration can help resolve disputes on sale terms and cost sharing without full litigation.
If one co-owner pays more than their share of maintenance or taxes, that party can seek reimbursement. Courts often require those payments be documented and that the claimant notify the other owners to preserve the right to contribution.
Helpful Hints
- Keep detailed records of expenses and communications about cost sharing.
- Consider mediation before filing a partition action to save time and legal fees.
- Obtain a professional appraisal to establish a fair buyout price.
- Review any co-ownership agreement for buyout or sale clauses before proceeding.
- Consult a real property attorney for case-specific guidance.
Disclaimer: This article is for educational purposes and does not constitute legal advice. For advice on your unique situation, consult a licensed attorney.