Detailed Answer

If you inherited your father’s house and now co-own it with a sibling, you generally have the right to ask a Virginia court to divide or sell the property through a partition action. Virginia law provides a legal process to force a sale when co-owners cannot agree on keeping or dividing real property. See Virginia Code, Title 8.01 (Civil Remedies and Procedure) for the statutes that govern civil actions, including partition suits: https://law.lis.virginia.gov/vacode/title8.01/.

1. What kind of ownership matters

How the property is owned affects your options. Typical situations after a parent dies:

• Tenancy in common: Each co-owner owns a fractional share that can be sold or partitioned. Courts commonly handle partition actions for tenants in common.
• Joint tenancy with right of survivorship: The decedent’s interest may pass automatically to the surviving joint tenant, leaving no co-ownership to partition. You should check the deed and any estate documents to confirm the form of ownership.

2. Try to settle first

Court-ordered partition is a formal, sometimes costly process. Before filing, consider informal options:

• Negotiate a buyout: One sibling buys the other’s share using cash or finance.
• Sell the home by mutual agreement and split net proceeds.
• Use mediation to reach a voluntary resolution.

3. Filing a partition suit in Virginia

If negotiations fail, you can file a partition action in the Virginia circuit court in the county or city where the property sits. The basic steps are:

1. Prepare the complaint for partition. The complaint identifies the property, lists all owners and lienholders, and asks the court to divide or order sale of the property.
2. Serve the complaint on all co-owners, mortgage holders, and known lienholders so they can respond.
3. The court will schedule hearings. If the court finds partition in kind (physically dividing the land) is practicable and fair, it may order division. For a single-family house on one lot, partition in kind is often impractical.
4. If partition in kind is impracticable or would substantially prejudice owners, the court will order a sale and direct how to sell (public auction, private sale under court supervision, or sale by a court-appointed commissioner or trustee).
5. The court supervises distribution of sale proceeds after paying mortgages, liens, taxes, court costs, and any court-allowed fees.

4. What the court considers

The judge will consider whether the property can be fairly divided without prejudice to owners. Factors include lot configuration, number of owners, and whether division would destroy the property’s value. If division is not feasible, the court usually orders a sale and divides net proceeds according to ownership shares.

5. Timing, costs, and practical results

Partition suits may take several months to over a year depending on case complexity, objections, and whether a sale is contested. Costs include court filing fees, service fees, appraisal and commission costs, and attorney fees. Courts commonly allow deduction of these costs from sale proceeds. A court-ordered sale often yields less control over sale price and timing than a voluntary sale, and the final buyer may be someone who bids at auction.

6. Occupants, liens, and title issues

If one co-owner still lives in the house, the court can order the sale and ultimately clear title for the buyer. Outstanding mortgages, liens, unpaid taxes, or other encumbrances attach to the property; the court will handle priority and payment out of sale proceeds. Make sure you identify all lienholders and mortgage servicers before filing so the court can notify them.

7. Practical checklist before filing

• Obtain a copy of the deed to confirm ownership type and shares.
• Find the death certificate and any will or probate records that affect title.
• Get a current mortgage and lien payoff statement from the lender(s).
• Order a title search or work with an attorney/title company.
• Obtain a professional appraisal so the court and parties understand fair market value.

8. Where to file and statutory reference

File the partition complaint in the circuit court for the locality where the property is located. For the statutes and procedural authorities that govern civil suits and actions including partition, see Virginia Code, Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/. Your local circuit court clerk can also explain local filing procedures and filing fees.

9. When to hire a lawyer

You should consult a Virginia real estate or civil litigation attorney if any of the following apply:

• Disputed ownership shares or competing claims to title.
• Significant mortgage debt, liens, or tax issues.
• One co-owner refuses access or occupies the property and resists sale.
• You need help calculating buyout offers, handling probate overlap, or managing court procedure.

An attorney can prepare the complaint, manage service and pleadings, obtain appraisals, and represent you at hearings. If cost is an issue, ask attorneys about limited-scope representation or mediation services.

Helpful Hints

• Confirm ownership type early: check the recorded deed and any probate records. That determines whether a partition action is available.
• Document attempts to negotiate. Courts look favorably on efforts to settle without litigation.
• Get a professional appraisal before filing. It helps with buyout offers and gives the court a reliable value baseline.
• Identify and notify all lienholders and mortgagees promptly to avoid surprises at sale time.
• Consider mediation to preserve family relationships and reduce costs.
• Expect the court to prefer partition in kind when practical; for a single house on one lot, expect the court to order a sale instead.
• Ask your attorney about tax and capital gains consequences of a sale or buyout.
• Use the circuit court clerk as a resource for local filing rules and fee schedules.
• Keep records of repairs, maintenance, and expenses; the court may account for those when allocating proceeds.

Important disclaimer: This article explains general legal concepts under Virginia law to help you understand the partition process. It is not legal advice. For advice about your specific situation, contact a licensed Virginia attorney who handles real estate or civil litigation.