How to pursue a partition action in Virginia when a co-owner refuses to cooperate

Short answer: If you and a co-owner hold property together (commonly as tenants in common after an inheritance) and the co-owner refuses to cooperate in dividing or selling the property, you can ask the circuit court to force a partition. In Virginia that means filing a civil action in the proper circuit court asking for either a partition in kind (physical division) or a partition by sale, followed by distribution of proceeds. This article explains the practical steps, what the court will consider, documents you will need, and alternatives to court.

Disclaimer

This is general information, not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. Consult a Virginia attorney for advice about your specific situation.

Detailed answer — step-by-step process under Virginia law

1. Confirm ownership type and gather key documents

Most inherited property ends up owned as tenants in common, which means each owner has a separate share that can be partitioned. Gather:

Deed(s) showing current ownership.
Death certificate and probate documents (will, letters testamentary or of administration) if the property passed through an estate. See Virginia probate rules in Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.
Tax records, mortgage statements, homeowner association documents, recent survey or plat, and property description (legal description).
Any written communications where you requested partition, offers to buy out, or mediation attempts.

2. Try an out-of-court solution first

Court is often avoidable and costly. Consider these steps before filing:

Make a written demand for partition or buyout and keep proof of delivery.
Propose mediation or arbitration to divide proceeds or set a buyout price.
Offer a buyout or agree to a neutral appraisal to fix fair value.

3. Where to file and who to name

Partition actions are civil matters typically filed in the circuit court of the county or city where the land lies. The Virginia Code’s civil procedure provisions govern partition remedies (see Title 8.01): https://law.lis.virginia.gov/vacode/title8.01/. Name as defendants all persons who have or claim any interest in the property (this may include lienholders). If an owner is deceased and their interest passed through probate, include the personal representative or heirs as appropriate.

4. Prepare and file the complaint

Your complaint should state the basis for your ownership and the relief requested: partition in kind or partition by sale, appointment of commissioners, valuation, and distribution of proceeds. Include a legal description of the property and facts showing why partition is necessary (for example, co-owner refuses to cooperate). Attach copies of deeds or probate documents, if available.

5. Service of process and responses

All defendants must be properly served. Once served, defendants have the opportunity to respond and raise defenses. If a defendant cannot be located, the court can allow substituted service or service by publication in certain circumstances.

6. Interim relief (if needed)

If the property is at risk (waste, destruction, or unauthorized sales), you can ask the court for temporary orders to protect it, such as a temporary injunction, appointment of a receiver, or orders about payment of taxes, insurance, and mortgage obligations.

7. How the court resolves partition

The court evaluates whether a partition in kind (physically dividing the land) is practicable and fair. If physical division is not practical or would cause substantial injury to owners’ interests, the court will order a partition by sale and distribute net proceeds according to ownership shares.

The court typically appoints commissioners or a special commissioner to survey, value, divide, or sell the property. The commissioners report back and the court approves the method of partition and the distribution of proceeds after paying liens, taxes, and costs.

8. Costs, liens, and distribution

Before distributing sale proceeds, the court subtracts liens (mortgages), unpaid taxes, and costs of the partition action. Owners receive their share based on the court-determined ownership interests.

9. Timing

Timing varies. Simple uncontested partitions can resolve in a few months. Contested actions, disputes over valuation, complex title problems, or absentee defendants can lengthen the process to a year or more.

10. Post-judgment remedies and enforcement

If the court orders sale and a co-owner won’t comply, the sheriff or a commissioner sells the property under court order. If a co-owner asserts title defects or counterclaims, expect additional hearings. If disputes persist, consider a settlement conference or discuss alternatives with counsel.

Key Virginia law resources

Virginia Code — Civil procedure (general authority for actions, including partition): Title 8.01, Code of Virginia
Virginia Code — Wills, estates, and fiduciaries (relevant if property passed through probate): Title 64.2, Code of Virginia
Virginia Judiciary information and circuit court contacts: Virginia Judicial System and the circuit court pages: https://www.vacourts.gov/courts/circuit.html

When to hire an attorney

Consider hiring a Virginia real property or probate attorney if any of these apply:

Title is complicated or disputed.
There are mortgages, liens, or tax issues.
The co-owner actively contests ownership or the partition method.
You need a temporary injunction or receiver to protect the property.
You want to evaluate buyout offers or negotiate settlement terms.

Helpful Hints

Document every attempt to resolve the dispute in writing — courts like to see good-faith efforts before litigation.
Collect and keep clear copies of deeds, wills, probate letters, mortgage statements, and tax bills in one folder.
Ask for a professional appraisal or updated survey early. Valuation disputes often drive litigation length and cost.
Consider mediation before trial. Courts often encourage or require ADR and it can save money and time.
Expect the court to prefer partition in kind if it is practical and fair; be prepared to explain how division would work or, if not possible, why sale is preferable.
If a co-owner lives on the property, discuss occupancy issues (payment for use, repairs, utilities) in your complaint or ask the court for interim relief.
Check local circuit court clerk offices for filing fees, form requirements, and specific local practices. Contact information is on the Virginia Judiciary site above.

If you want, provide a short description of your situation (ownership documents you have, whether the property is mortgaged, and whether the other owner lives on the property) and I can outline the likely next steps and documents you should prepare.