Short answer

Under Virginia law, you can ask the circuit court to partition (divide or sell) real property when two or more people own the property together. If the court finds that dividing the land fairly is impractical, it can order a public sale and divide the proceeds among the owners. The usual path is to try a negotiated buyout first, then file a complaint for partition in the local circuit court if negotiation fails.

Important disclaimer

This is general information, not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a licensed Virginia attorney.

Detailed answer — how a partition action works in Virginia

1. Confirm ownership and any probate issues

Before you file, confirm that your inherited interest is legally vested. If the deceased owner’s estate still needs probate or administration, the executor or personal representative must first handle the estate matters. Verify title by obtaining a copy of the deed(s) and, if applicable, the probate documents that transferred the interest to you.

2. Try to resolve the matter without court

Courts expect co-owners to try practical solutions first. Common non‑litigation options include:

• Negotiated buyout where one owner purchases the others’ shares.
• Agreeing to a management plan that produces income for all owners.
• Mediation to settle disputes and avoid litigation costs.

3. Where to file: Virginia circuit court

Partition actions involving real property are filed in the circuit court in the county or city where the property lies. Information on Virginia’s circuit courts is available from the Virginia Judicial System: https://www.vacourts.gov/courts/circuit.html.

4. What your complaint must generally include

Your complaint for partition should typically contain:

• A clear legal description of the property (from the deed or survey).
• Identification of all co-owners (tenants in common, joint tenants, etc.) and their claimed ownership shares.
• Any liens, mortgages, or outstanding obligations that affect the property.
• A statement that you have asked for a voluntary partition or buyout (if applicable) and that court action is now needed.
• A specific request that the court either order a partition in kind (physical division) or, if division is impractical, order a sale and distribute proceeds.

5. Service and joining necessary parties

Virginia law requires that all persons with an ownership interest be made defendants so the court can resolve everyone’s rights. If an heir is unknown or cannot be found, the court provides procedures to proceed (for example, service by publication or other statutory methods). The clerk or sheriff typically serves the complaint. If there are lienholders (mortgagees, judgment creditors), you must notify them so the court can determine lien priority during the sale.

6. Interim relief

If the property is at risk (e.g., someone is removing assets or allowing waste), you can ask the court for temporary relief such as an injunction, appointment of a receiver, or a temporary order limiting use of the property while the case proceeds.

7. Court proceedings and possible outcomes

After pleadings and any required discovery or hearings, the court will decide:

• Whether the property can be fairly divided (partition in kind). If so, the court directs how to divide and may order boundary adjustments or surveys.
• If physical division is impractical or would harm owners’ interests, the court will order a sale (public auction or private sale) and direct distribution of the net proceeds among owners according to each owner’s share.
• The court may appoint a commissioner, special master, or commissioner in chancery to conduct the sale, handle notice, receive bids, and report results to the court.

8. Costs, liens, and distribution

Sale proceeds pay off valid liens in their statutory priority (taxes first in many cases), the costs of sale and court costs, and then the net balance is divided among the owners according to the court’s determination of ownership shares. The court may also assess litigation costs and attorney’s fees against parties under certain circumstances.

9. Timing

Simple partition cases can take several months. Complex matters—disputed title, unknown heirs, contested valuations, or boundary issues—can take a year or longer. Expect additional time if the court orders a sale by a commissioner and requires advertising and bid periods.

10. Relevant Virginia law (where to read the statutes)

Partition actions fall within Virginia civil procedure and equity practice. See the Code of Virginia, Title 8.01, Civil Remedies and Procedure, for the governing statutes and other provisions that affect civil cases in circuit court: https://law.lis.virginia.gov/vacode/title8.01/. For local filing procedures and fees, consult the clerk of the circuit court where the property is located: https://www.vacourts.gov/courts/circuit.html.

Helpful hints

• Get a title report or run a title search before you file. That identifies all owners, liens, and encumbrances.
• Check whether the property interest passed via probate or had to be transferred by deed; unresolved probate can affect standing to bring a partition.
• Consider a professional appraisal to support valuation if you expect the court to order a sale.
• Explore buyout formulas up front (market value × owner’s share less pass-through costs) to present a fair offer to co-owners.
• Keep the property insured and current on taxes until the dispute resolves to avoid forfeiture or tax sale complications.
• If co-owners live out-of-state or are hard to locate, discuss service-by-publication and other notice rules with the clerk or counsel early on.
• Mediation can quickly settle disputes and avoid the cost and delay of litigation. Courts sometimes require or encourage alternative dispute resolution.
• If minors, incapacitated persons, or unknown heirs might have an interest, get an attorney to handle guardianship or representative representation issues.
• Talk to a tax advisor about possible capital gains or basis issues that could arise on sale of inherited property.

When to consult an attorney

Hire a Virginia attorney if any of these apply:

• Title is unclear, there are claims by multiple heirs, or probate is incomplete.
• There are significant liens, mortgages, or tax issues that affect distribution.
• The property has complex boundaries, shared improvements, or environmental concerns.
• You face hostile co‑owners or contested factual issues about ownership shares.
• Minors, unknown heirs, or out‑of‑state/cooperative defendants complicate service or representation.

Practical next steps

1. Gather the deed, any probate documents, tax records, and any communications with other owners.
2. Obtain a title search and a recent appraisal if you plan to seek sale or buyout.
3. Call the clerk of the circuit court where the land is located to learn filing fees and local process.
4. Consider sending a formal written offer to buy or a demand for partition before filing.
5. If negotiations fail, prepare to file the complaint and serve all parties; consult a Virginia attorney if you have doubts about procedure or risks.