Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Virginia law, a partition action allows co-owners of real property to divide or sell land when they cannot agree on its use or disposition. Co-owners include tenants in common or joint tenants.
Any co-owner may file a petition in the circuit court for the county or city where the property lies. The petition must identify all co-owners, describe the property, and state the requested relief. See Virginia Code § 8.01-38: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38/.
After filing, the court issues process and requires formal service on all parties. Each co-owner may respond, raise objections, or assert counterclaims.
The court examines whether a physical division (partition in kind) is practical. If the land can divide fairly while preserving value, the court orders a partition in kind. If a physical split would harm the property’s value or is impractical, the court orders a sale and distribution of proceeds.
When a sale is necessary, the court appoints a commissioner to value and sell the property, usually at public auction. The commissioner must report the sale terms and account for proceeds. The court then confirms the sale under Virginia Code § 8.01-42: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-42/.
Finally, the court distributes the proceeds among co-owners according to their ownership shares, adjusting for any contributions, advances, or liens. This distribution fully resolves co-ownership and ends all parties’ interests in the property.
Helpful Hints
- Gather and review all title documents, deeds, and surveys before filing.
- Confirm each party’s ownership percentage to calculate distributions accurately.
- Attempt negotiation or mediation to avoid litigation costs and delays.
- Estimate filing fees, commissioner fees, and potential sale costs.
- Consult a qualified real estate attorney early to understand deadlines and court requirements.