Detailed Answer
Partition actions in West Virginia let co-owners divide real property when one or more owners seek to end joint ownership. Under W. Va. Code §37-6-1, any person with an interest in co-owned real estate may file a complaint in the circuit court. If the court finds that physical division will cause prejudice or impracticality, it may order a sale under W. Va. Code §37-6-18.
1. Initiating a Partition
To begin, a co-tenant files a petition in the county circuit court where the property is located. The petition must name all co-owners, describe the property, and state the relief sought. See W. Va. Code §37-6-4.
2. Appointment of Commissioners
The court appoints commissioners to inspect the property and report on whether it can be equitably divided. If division is practical without prejudice, the court approves the division plan under W. Va. Code §37-6-6.
3. Ordering a Sale
If commissioners conclude the property cannot be fairly partitioned, or if any party requests a sale, the court orders a public sale. The sale proceeds under court supervision, often conducted by the commissioners or a licensed broker. See W. Va. Code §37-6-18.
4. Distribution of Proceeds
After the sale, the court distributes net proceeds among co-owners based on their ownership shares. The court accounts for expenses, liens, and improvements. See W. Va. Code §37-6-31.
Helpful Hints
- Identify all co-owners and their ownership percentages before filing.
- Compile deeds, surveys, and title documents to support your petition.
- Consider mediation to avoid litigation costs and delays.
- Provide proper notice to all parties as required by W. Va. Code §37-6-5.
- Consult a real estate attorney experienced in partition actions for guidance.
Disclaimer: This article provides general information under West Virginia law and is not legal advice. Consult an attorney for advice specific to your situation.