Disclaimer: This article is for general information only and is not legal advice. Consult a licensed West Virginia attorney about your specific situation before taking action.

Detailed Answer

To begin a partition action in West Virginia, your lawyer needs enough factual and documentary evidence to prove your ownership interest, identify every person or entity with an interest in the property, and explain why partition (division or sale) is appropriate. Courts generally require clear proof of title, a description of the property, and notice to all parties with an interest. Typically the case is filed in the circuit court for the county where the property is located. See West Virginia Code, Chapter 37 (Partition): https://code.wvlegislature.gov/37/.

Below is a checklist of the core information and documents your attorney will request, why each item matters, and how the documents are used during a partition case.

1. Proof of ownership and title history

• Deed(s) to the property (warranty deed, quitclaim deed, trustee deed). These show who holds legal title and how title passed.
• Property tax statements and parcel/parcel identification number. These confirm the legal description and tax status.
• Title search or abstract (if available). If you don’t have one, the attorney will order a title search to identify recorded interests and liens.
• Chain of title documents (previous deeds, probate orders if title came through an estate). These help establish how each owner acquired an interest.

2. Identification of all parties with an interest

• Names and current addresses of all co-owners (tenants in common, joint tenants, tenants by entirety, etc.), heirs, devisees, and any unrecorded claimants you know of.
• Mortgage holder(s) and lienholders (lender statements, UCC filings, judgment liens). Courts must join lienholders or notify them so their interests are protected.
• If any owner is deceased, a copy of the death certificate and probate documents showing personal representatives or heirs.

3. Documents showing the nature and extent of each owner’s interest

• Agreements between owners (written partnership agreements, buy-sell agreements, family settlement agreements).
• Leases, rental agreements, or evidence of possession (if the property is rented to a third party).
• Evidence of contributions to purchase, improvements, taxes, or maintenance if you will assert unequal contributions or seek credit for improvements.

4. Financial documents and liens

• Mortgage payoff statements, tax liens, mechanic’s liens, or other encumbrances.
• Recent property tax bills and records of payment.

5. Property description and physical evidence

• Legal description from the deed or tax assessor (metes-and-bounds or lot-block-plat description).
• Survey, plot plan, or recent aerial/plat maps if available. Surveys are especially important if you anticipate an in-kind division or boundary dispute.
• Photographs of the property and improvements.

6. Evidence of attempts to resolve the dispute

• Copies of written communications with co-owners (emails, letters, text logs) about selling, buying-out, or dividing the property.
• Records of offers, counteroffers, or negotiations. Courts favor parties who tried to resolve issues without litigation.

7. Practical factual information

• The property’s physical address and county where it sits (partition is filed in the county of the property).
• Your contact information and relationship to the property and co-owners.
• Any urgent facts (tax foreclosure risk, deteriorating condition, pending sale contract) that affect timing.

8. Other documents your lawyer may request

• Appraisals or comparative market analyses (CMAs) to support valuation questions.
• Insurance policies and claims history.
• Operating statements if the property is commercial or part of an investment entity (LLC operating agreements, partnership agreements).

How the court uses these materials

The court uses deeds and title evidence to determine ownership. It uses surveys and appraisals to decide whether the property can be fairly divided (partition in kind) or whether a sale and division of proceeds is necessary. The court must also ensure all lienholders and interested parties receive notice so their rights are protected. See West Virginia Code, Chapter 37: https://code.wvlegislature.gov/37/.

Typical procedural steps your lawyer will take

1. Order a title search and obtain or commission a survey if needed.
2. Identify and join all necessary parties (co-owners, lienholders, unknown heirs if title is unclear).
3. File the complaint for partition in the circuit court for the county where the property is located.
4. Serve defendants with the complaint and motions for relief; seek appointment of a commissioner or appraiser as required.
5. Ask the court for partition in kind or sale, and for allocation of costs, including attorney fees and sale expenses if appropriate.

Sample hypothetical to illustrate

Imagine you and one sibling co-own a weekend cabin as tenants in common but you disagree about selling. Your lawyer will want the recorded deed showing both names, the parcel number and tax bills, any mortgage or liens, proof of your contributions to improvements, a current appraisal or market data, contact information for your sibling, and any messages showing attempts to negotiate. With that, the lawyer will run title, identify any lender or judgment creditors, and file a partition complaint in the appropriate circuit court.

Helpful Hints

• Organize documents before your first meeting. Create a folder (digital or paper) labeled: Deeds, Mortgages/Liens, Taxes, Surveys, Communications, Agreements, and Financials.
• If you lack a survey, ask your attorney whether ordering one now will save time and money later—surveys often determine whether an in-kind partition is possible.
• Provide full contact details for every owner and creditor you know, even if you think they won’t participate. Missing parties can delay the case.
• Be honest about disputed facts (unrecorded agreements, oral promises, who paid what). Full disclosure helps counsel plan your theory of the case and estimate costs.
• Expect the lawyer to run a title search; don’t rely solely on your memory about prior transfers or liens.
• Ask your lawyer about alternatives to partition litigation, such as negotiated buyouts, mediation, or selling the property by agreement—these options often cost less and resolve faster.
• If a co-owner is deceased, bring probate paperwork. If an owner can’t be found, the lawyer may recommend a service-by-publication strategy, which takes extra time and cost.

For statutory guidance on partition procedure and remedies in West Virginia, see West Virginia Code, Chapter 37 at https://code.wvlegislature.gov/37/. For court filing and local rules, your attorney will check the circuit court rules for the county where the property lies and the West Virginia Judiciary site: https://www.courtswv.gov/.