Short answer

Yes — under Virginia law a co-owner (for example, a family member who holds property as a tenant in common) can ask a court to force a sale through a partition action when other co-owners refuse to sell. The court will try to divide the property physically if practical (partition in kind); if division is impractical, the court can order the property sold and divide the proceeds among the owners.

Detailed answer — how forced sale (partition) works in Virginia

This explanation assumes the property is co-owned (not held as a sole owner). The process and options depend largely on how title is held, the presence of mortgages or liens, and whether physical division of the real estate is feasible.

1. Confirm how title is held

Start by checking the deed and public land records to see if the property is owned as:

• Tenants in common — each owner has a separate, divisible interest that can be partitioned.
• Joint tenants with right of survivorship — a joint tenant may be able to sever the joint tenancy and convert the interest into a tenancy in common. The mechanics can matter for timing and rights.
• Tenancy by the entirety — often available for married couples and generally not subject to unilateral partition by one spouse in many cases. Whether this applies depends on the deed language and Virginia law.

For background on Virginia statutory organization that governs civil actions (including partition), see the Virginia Code: Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/. For property and conveyance rules see Title 55.1: https://law.lis.virginia.gov/vacode/title55.1/.

2. Partition actions — court process

If co-owners cannot agree, an owner can file a partition suit in the appropriate Virginia circuit court asking the court to divide the property among owners or sell it and distribute proceeds. Typical steps:

1. File complaint for partition naming all record owners and anyone with an interest (mortgage holders, liens).
2. The court will determine each party’s legal interest and whether the property can be divided physically (partition in kind).
3. If physical division is not practicable or fair, the court will order a sale and direct how to distribute sale proceeds among owners after paying liens, taxes, costs, and sometimes attorney fees.

Virginia courts regularly handle these actions as part of civil procedure. See the Virginia court system for local rules and procedures: https://www.courts.state.va.us/.

3. What courts consider when deciding partition vs. sale

• Whether the property can be physically divided without materially harming its value.
• Each owner’s share and contribution (purchase price, improvements, mortgage payments).
• Presence of liens, mortgages, or judgments that must be satisfied from sale proceeds.
• Practical considerations — location, size, and character of the land.

4. Costs, timing, and likely outcomes

Partition suits can take months to more than a year depending on complexity, discovery disputes, valuation and sale scheduling. Costs include court filing fees, appraisals, survey costs, real estate sale costs, and attorneys’ fees (the court may allocate some costs between parties). At sale, owners generally receive net proceeds proportional to their ownership interest after liens and costs are paid.

5. Alternatives to a court-ordered sale

• Buyout: One or more co-owners buy the objecting owner’s share at an agreed value or court-ordered appraisal value.
• Mediation: A structured negotiation can produce settlement terms avoiding litigation.
• Agreement to rent or manage the property and share income until a later sale.

6. Special situations

• Mortgages and liens: These survive a partition sale; lenders are paid from sale proceeds or may foreclose first.
• Minors or incapacitated owners: The court may require guardians or conservators and may impose special protections in the partition process.
• Married owners: If title is a tenancy by the entirety, a spouse’s unilateral partition or sale may be limited—legal advice can confirm protections or exceptions.

7. Practical next steps

1. Obtain a copy of the deed and current title report from the county land records.
2. Talk with the co-owners to explore buyout or sale terms; document communications.
3. Get an estimate of market value (broker opinion or appraisal).
4. If you cannot reach agreement, consult a Virginia real estate/civil litigation attorney about filing a partition action and the likely costs and outcomes.

Helpful hints

• Identify the ownership form first — it controls your options. Start at the county clerk’s or recorder’s office or the online land records portal.
• Document contributions (improvements, mortgage payments) — the court may consider them when dividing proceeds.
• Try mediation before filing suit; courts often prefer parties to settle and mediation can save time and money.
• Be realistic about costs: even if you win a partition sale, fees and liens reduce your net proceeds.
• Expect the process to take several months; contested partition suits can take longer.
• Get a written valuation (appraisal) before negotiating a buyout to avoid undervaluing the property.
• If there is a mortgage, contact the lender to see how a sale or transfer of an ownership share may affect loan terms.
• Consult an attorney early — they can explain local practice, potential defenses, and how Virginia courts have handled similar cases.