Detailed answer — what a partition-for-sale is and how it works in Virginia

When co-owners inherit real property in Virginia and one or more owners want to force a sale while others refuse, a partition-for-sale is the typical remedy. A partition action asks the court to either divide the property among the owners (partition in kind) or, if division is impractical or would be unfair, order the property sold and the proceeds divided among the owners according to their ownership shares.

Where to file

In Virginia, partition suits are filed in the circuit court for the county or city where the property is located. Circuit courts have original jurisdiction over real property disputes and equitable remedies such as partition. For general code provisions and related material see the Code of Virginia, Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/. You can also find local circuit court information and clerk contacts at the Virginia Judicial System website: https://www.vacourts.gov/courts/circuit/index.html.

Who can file

Any co-owner of the property may file a partition suit. That includes people who own as tenants in common (the usual situation for heirs). Joint tenants with right of survivorship present different issues; the estate plan or title history will determine ownership status. If you are an heir who holds an ownership interest, you are eligible to file.

Basic steps to file a partition-for-sale suit

1. Pre-filing preparation

   Collect the deed(s), probate papers (if the property passed through an estate), the latest real estate tax bill, parcel ID, and any surveys or title documents. Establish each co-owner’s legal name and mailing address to join them as parties.

2. Draft the complaint

   The complaint (petition) asks the circuit court to: (a) declare the ownership interests of the parties, (b) order a partition in kind if possible or, if not, (c) order a partition by sale and direct how the sale proceeds should be distributed. The complaint should identify the property, list all co-owners (and creditors or lienholders if known), and state why partition in kind is impractical (for example: single house on a small parcel).

3. Join all necessary parties

   All persons with a recorded interest in the property must be named as defendants—this typically includes co-owners, mortgage holders, and lienholders. If some owners are unknown or residing out of state, the court has procedures for service by publication.

4. File with the circuit court and serve defendants

   File the complaint with the circuit court clerk and pay the filing fee. The clerk can explain local filing requirements and service rules. Defendants must be served according to Virginia civil procedure rules so the court can obtain jurisdiction.

5. Pre-trial and trial

   If the parties cannot settle, the court will resolve factual issues (ownership shares, whether physical division is feasible) and legal issues. The court may order mediation, especially in family disputes. If the court finds partition in kind impracticable, it will order a sale.

6. Appointment of commissioners or sale process

   The court commonly appoints commissioners to value the property, attempt a division, or supervise a sale. The court will set terms for the sale (public auction or trustee/commissioner sale), distribute sale proceeds after payment of liens, costs, and commissions, and enter a final accounting.

What the court considers when deciding partition in kind vs. sale

The court balances practicality and fairness. Factors include the parcel size, improvements (a single house), how divisible the property is without disproportionately harming value, sentimental or family uses, and the owners’ respective ownership shares. If dividing the land would substantially reduce value or be infeasible, the court will usually order a sale.

Can a minority co-owner block the sale?

No. Co-owners cannot permanently block a partition action. A minority owner may resist or delay by raising defenses or counterclaims (for example, claiming adverse possession or incorrect accounting), but the court can order partition over their objection once proper notice and opportunity to be heard are provided.

Costs, fees, and distribution

The court may allocate court costs, commissioners’ fees, advertising costs for sale, and attorney’s fees as appropriate. Generally, sale proceeds pay off liens and costs first, and the remainder is divided among owners per their ownership shares. If one co-owner buys the property at the court-ordered sale, their purchase reduces the amount owed to others rather than transferring outside funds.

Other practical and legal issues

• Liens and mortgages: the sale typically pays lienholders from the proceeds; if liens exceed value, distribution changes accordingly.
• Tax consequences: sale proceeds may produce capital gains or income tax obligations. Consult a tax advisor before sale.
• Timespan: partition litigation can take months to over a year depending on complexity, service issues, and court schedules.
• Mediation and settlement: courts often encourage settlement—buyouts, timed sales, or professional management are common compromises.

Helpful Virginia-specific resources

Start with the Virginia Code Title on civil procedure: https://law.lis.virginia.gov/vacode/title8.01/. For local filing procedures, contact the clerk of the circuit court where the property sits: https://www.vacourts.gov/courts/circuit/index.html.

Important: This article explains the typical process. Specific rules, forms, and deadlines can vary by county or city. The clerk’s office can explain local practice but cannot give legal advice.

Disclaimer: This is educational information only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your situation and representation in court, consult a licensed Virginia attorney experienced in real property and partition actions.

Helpful hints — checklist before and during a partition-for-sale suit

• Confirm ownership type (tenancy in common or joint tenancy) and collect deeds and probate documents.
• Get a recent survey or boundary map and a current market appraisal if possible.
• Identify liens, mortgages, and tax delinquencies by reviewing title records at the county recorder/land records office.
• Talk to the other owners early. A negotiated buyout or sale often saves time and costs.
• Keep good records of any expenses related to the property (taxes, repairs) to support claims for accounting or credits.
• Consider mediation or neutral appraisal before litigation to test settlement options.
• File suit in the circuit court where the land lies; the clerk can provide local filing rules and fee schedules.
• Be ready to name all potential claimants and lienholders in the complaint to avoid later disputes or missing parties.
• Ask the clerk about lis pendens (notice of pending action) to protect the property from third-party transfers while the case is pending.
• Consult a Virginia real property attorney if ownership shares, title defects, or complex liens exist; attorneys can also prepare the complaint and represent you at hearings.