What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in West Virginia? | West Virginia Partition Actions | FastCounsel
WV West Virginia

What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in West Virginia?

Disclaimer: This article does not offer legal advice. For personalized guidance, consult a licensed attorney.

Detailed Answer

Partition actions let co-owners divide or sell property. Under West Virginia law, you must follow Chapter 37 of the WV Code. Section 37-1-1 defines filing requirements. Section 37-1-17 outlines sale procedures. Below are the steps.

1. Identify All Co-Owners and Their Interests

List every relative who holds title. Note each person’s ownership share. Prepare documentation: deeds, wills, and title reports.

2. Draft the Petition

Prepare a written petition. Include:

  • Names and addresses of all co-owners;
  • Legal description of the land;
  • Type of partition sought (division or sale);
  • Basis of your claim to an interest.

Reference WV Code §37-1-1.

3. File the Petition

Submit the petition to the circuit court in the county where the land lies. Pay the applicable filing fee. Request a hearing date.

4. Serve Notice on Co-Owners

Serve each co-owner with a copy of the petition and summons. Follow West Virginia Rules of Civil Procedure, Rule 4. If a party cannot be found, publish notice per Rule 4(d).

5. Attend the Hearing

Appear on the scheduled date. Present evidence of ownership and justification for partition. The court will order a partition or sale.

6. Complete the Partition or Sale

If the court orders physical division, a commissioner will survey and divide the land. If the court orders sale, the commissioner sells the property and distributes proceeds per ownership shares under WV Code §37-1-17.

Helpful Hints

  • Confirm legal descriptions with a county surveyor.
  • Choose mediation to reduce conflict.
  • Keep certified mail receipts for service proof.
  • Track deadlines on court orders to avoid dismissal.
  • Consult an attorney if co-owners contest the petition.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.