Detailed Answer

Overview: To begin a partition action in Virginia, your attorney will need documents and clear facts showing who owns the property, what each owner’s share is, whether there are debts or encumbrances on the property, and any agreements or disputes among co-owners. The court may order either a physical division of the land (partition in kind) or a sale with proceeds split among owners (partition by sale). Virginia partition law and procedure are governed by the Code of Virginia (Title 8.01, Civil Remedies and Procedure). See the Code of Virginia, Title 8.01: https://law.lis.virginia.gov/vacode/title8.01/

Documents you should bring

Deed(s) and current deed chain: The recorded deed that shows how each person claims title, plus earlier deeds if you have them. Provide copies of any recorded deed(s) for the property.
Title report or abstract: Any preliminary title report, title insurance policy, or abstract of title that shows liens, easements, and recorded interests.
Mortgage and lien documents: Current mortgage statements, payoff demand letters (if available), mechanic’s liens, tax liens, or other encumbrances against the property.
Parcel identification and address: Property address, legal description, and the county/city parcel or tax ID number.
Survey, plat, or boundary map: Any recent survey, plot plan, or plat that shows boundaries and improvements — critical if a partition in kind might be possible.
Leases and rental records: Copies of leases, tenant security deposit records, rent rolls, and operating statements if the property generates rental income.
Property tax records: Recent tax bills and payment history showing delinquent taxes, tax parcels, and assessments.
Estate, trust, or probate documents: Wills, letters testamentary, trust instruments, or probate paperwork if any co-owner is deceased or the property is held in trust.
Co-ownership agreements: Any written agreements among co-owners (e.g., buy-sell agreements, operating agreements, partnership or LLC documents) that govern sale or division of the property.
HOA or condominium documents: Covenants, conditions and restrictions (CC&Rs), bylaws, association rules, and assessment statements.
Communications among co-owners: Emails, letters, texts, or notes that show offers to buy out co-owners, agreements, or disputes about use, maintenance, or sale.
Proof of improvements and expenses: Receipts, invoices, contractor agreements, permits, and photos that document improvements and who paid for them.
Insurance and casualty records: Declarations page, claims, or appraisal reports for insurance or casualty losses affecting value.
Appraisals or valuations: Any current appraisal, broker price opinion, or market analyses.
Identity and contact information: Full legal names, current addresses, phone numbers, email addresses, and dates of birth for all owners and any known heirs.
Prior court filings: Any lis pendens, prior litigation filings, or recorded judgments affecting the property.

Key facts and information your attorney will ask you to explain

Who are all titled owners, their ownership shares (if known), and whether anyone claims an equitable or beneficial interest.
How ownership arose (purchase, inheritance, gift, divorce, transfer from LLC/trust).
Whether any owner is a minor, incapacitated, in prison, or deceased.
Whether co-owners have attempted to buy out one another or have discussed selling the property.
Whether anyone is occupying the property, collecting rent, or controlling access.
Any urgent issues (tax sale notices, foreclosure, code enforcement, health/safety hazards).

How the documents are used in a Virginia partition case

Your lawyer uses these records to:

Confirm legal ownership and identify necessary parties to join in the lawsuit.
Discover encumbrances that must be paid from sale proceeds or satisfied before title can be split.
Decide whether a partition in kind is practical (based on the survey) or whether the court is likely to order a sale.
Prepare and file the initial complaint/petition in the appropriate Virginia circuit court and serve all interested parties and lienholders.
Ask the court to appoint commissioners, appraisers, or a referee if needed to value or divide the property.

Typical steps after you provide documents

Attorney reviews title, liens, and ownership to identify parties and prepare pleadings.
Filing of the partition action in the circuit court where the property is located and service on all owners and lienholders (Virginia courts handle partition actions; see Title 8.01: https://law.lis.virginia.gov/vacode/title8.01/).
Possible early negotiation or mediation to pursue a buyout or voluntary sale.
Court may appoint commissioners or order appraisal; if partition in kind is feasible, the court will divide land; otherwise the court may order sale and distribution of proceeds after payment of liens and costs.

Common pitfalls to avoid

Don’t let the file lack a recorded deed or missing heirs — unidentified owners can delay or invalidate a partition if not joined.
Failing to produce mortgage/payoff information can lead to surprise liens eating sale proceeds.
Skipping a survey can make a partition in kind impossible or contested.
Not preserving communications or offers to buy out co-owners can weaken settlement options.

Where to find Virginia statutes and forms

Virginia partition rules and related civil procedure are in the Code of Virginia, Title 8.01. For statute text, see: https://law.lis.virginia.gov/vacode/title8.01/ . For local circuit court filing rules and forms, check the circuit court clerk’s office in the locality where the property is located or visit the Virginia Judicial System website: https://www.courts.state.va.us/

How an attorney will bill for partition work

Expect work measured by time (hourly) or by a flat fee for discrete tasks (initial filings, obtaining title searches). Additional costs often include title searches, survey fees, appraiser and commissioner fees, filing fees, process server costs, and costs for mediation or trial. Ask your attorney for a written fee agreement and an estimate of likely out-of-pocket costs early in the process.

Helpful Hints

Prepare a single folder (digital and/or paper) with the documents listed above before meeting your attorney — it speeds review and reduces cost.
Get a recent county tax map and parcel number from the local assessor’s website before your appointment.
If you think a co-owner may be unreachable or deceased, bring any probate or heir data you have to identify successors.
Request a preliminary title report from a title company—this often reveals liens and easements quickly for a modest fee.
If possible, obtain a recent survey; if none exists, ask about ordering one early since surveys can take weeks.
Document any attempt to buy out co-owners in writing and bring those communications to your lawyer.
Ask your attorney whether mediation or negotiation would be appropriate before filing — courts often prefer parties to settle when possible.
Preserve evidence of payments, improvements, or contributions to avoid later disputes over credits at distribution.
Keep copies of all documents the attorney files and all court notices once the case begins.

Disclaimer: This information is educational only and does not constitute legal advice. It summarizes general principles of Virginia law for common partition matters. For advice about your particular situation, consult a licensed Virginia attorney who can review your documents and facts.