Detailed Answer

Short answer: In Virginia a court will try to divide land “in kind” (each co-owner receives a portion of the land) when practicable. When some acres are worth more than others, the court uses appraisals, allotments, and money adjustments (credits or setoffs) to equalize the parties’ shares. If a fair in-kind division is impractical, the court orders a sale and divides the proceeds after paying liens, costs, and adjustments.

How Virginia law approaches partition

Partition actions in Virginia are governed by the civil rules and statutes that let co-owners ask a court to divide jointly owned real estate. The court typically appoints a commissioner or appraiser to survey and value the property, propose a division, and report back to the court. You can read Virginia’s civil statutes and procedures under Title 8.01 of the Code of Virginia for the civil remedies and procedures that include partition rules: Code of Virginia, Title 8.01.

Step-by-step: How the court equalizes unequal acres

Determine ownership shares. The court first confirms each party’s legal interest (for example, 50/50, 60/40, tenants in common, or other fraction).
Appraise value. The court orders professional appraisals or appoints a commissioner to value the whole property and, if necessary, different segments (timberland, tillable acres, buildable parcels, wetlands). Appraisers consider market value, access, utilities, soil quality, and other factors.
Consider partition in kind. If the tract can be divided into physically distinct parcels that give each owner roughly equal value, the court prefers that. When some acres are better than others, the court allocates better and worse acreage but adjusts with a money payment so each owner’s share reflects their ownership percentage.
Make monetary equalization (setoffs or allowances). If one owner receives a more valuable portion, the court orders a cash payment from that owner to the other(s) equal to the difference in value. The court calculates the difference using the appraised values and owners’ percentage interests.
Account for improvements, rents, and liens. The court deducts outstanding mortgages, valid liens, partition expenses, and may credit improvements or payments made by an owner (for example, someone who paid taxes, mortgage, or made buildings). These items affect the final money adjustments or proceeds distribution.
If in-kind division is impracticable, order sale. If the land cannot be fairly divided (because of shape, access, or other practical problems) the court orders a public sale. The sale proceeds are distributed by ownership shares after paying liens, costs, taxes, and any equitable adjustments.

Illustrative hypothetical

Facts: Two owners hold a 100-acre tract as tenants in common, each owning a 50% interest. 60 acres are good farmland and have a market value of $6,000 per acre; 40 acres are steep, wooded, and worth $1,500 per acre.

Process: An appraiser values the whole tract: (60 acres x $6,000) + (40 acres x $1,500) = $360,000 + $60,000 = $420,000. Each owner’s 50% share equals $210,000.

Possible outcomes:

In-kind division with equalization: Owner A receives 30 of the high-quality acres and 20 of the low-quality acres whose combined appraised value is $260,000; Owner B receives 30 high-quality and 20 low-quality acres worth $160,000. The court orders Owner A to pay Owner B $50,000 (the value difference) so each ends up with $210,000 value.
Buyout: Owner A buys out Owner B’s interest by paying $210,000 (adjusted for liens/costs) and takes the whole tract.
Partition by sale: If the tract cannot be divided practically, the court orders sale and divides net proceeds 50/50 after paying costs and liens.

Key factors the court considers

Physical divisibility (contiguity, access, roads, utilities).
Market values for different portions (appraisals).
Existing encumbrances (mortgages, liens) and leases.
Contributions to the property (improvements, taxes, mortgage payments).
Equitable considerations (who occupied or used the land, who paid expenses).

Where the law directs you

Virginia statutes and court rules provide the procedure for starting a partition action, appointing commissioners or appraisers, taking testimony, and confirming a division or sale. See Code of Virginia, Title 8.01 (Civil Remedies and Procedure) for the statutory framework: https://law.lis.virginia.gov/vacode/title8.01/.

Detailed procedural notes

The court frequently appoints a commissioner to prepare a plat and propose division; the commissioner’s report is subject to objections and a final court hearing.
Parties may agree to a negotiated division or buyout at any time before the court completes its order; courts encourage settlement.
Costs of the partition (appraisers, surveying, commissioner’s fees, advertising for sale) are usually charged against the property or deducted from proceeds, then allocated proportionally among owners.
If a co-owner has a lien or mortgage on their share, that lien usually must be addressed (paid from proceeds or otherwise satisfied) before distributing net funds.

Practical tips for co-owners facing partition

See the Helpful Hints section below for practical steps you can take to protect your interest before and during a partition action.

Disclaimer

This article explains general principles of Virginia partition law for educational purposes only. It is not legal advice, and it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Virginia attorney.

Helpful Hints

Get a professional appraisal early. Accurate appraisals of different portions make equalization and settlement easier.
Obtain a current survey. A survey shows boundaries, access, and any practical impediments to dividing the land.
Gather records: deeds, mortgage statements, tax receipts, receipts for improvements, leases, and evidence of who paid what.
Consider negotiation before litigation. A negotiated buyout or formal partition agreement can save time and legal costs.
If you want to keep certain acres, be ready to offer a cash equalization (buyout) to compensate other owners for the higher-value land.
Ask the court to appoint independent appraisers or commissioners if you distrust the opposing side’s valuations.
Remember costs and liens reduce net proceeds. Factor them into any settlement offer.
Time can matter—property values and use (crops, timber harvests) can change; preserve evidence of value at the relevant time.
Hire a Virginia real estate attorney experienced in partition actions to protect procedural rights and help negotiate equitable outcomes.