Detailed Answer
Short answer: If your relatives who share inherited land refuse to agree to divide or sell it, you can ask a Virginia circuit court to force a partition. You start by confirming legal ownership, trying negotiation/mediation, then filing a partition complaint in the circuit court for the county or city where the property sits. The court can order a physical division (partition in kind) or a sale and division of proceeds. This process is governed by Virginia law on partition actions. See Va. Code § 8.01-318 et seq.
Step 1 — Confirm who legally owns the property
Before filing, gather the documents that prove ownership and the type of co-ownership. Useful documents include deeds, the decedent’s will, the probate order or estate records, and the chain of title in the land records. If the decedent’s estate remains open, you may need to resolve probate or get the personal representative involved before (or as part of) a partition action.
Step 2 — Understand the ownership form
Inherited property most often ends up held as tenants in common unless the deed says otherwise. Co-owners as tenants in common each hold an undivided fractional share and can seek partition. A partition action is the usual remedy when co-owners cannot agree on sale or division. The Virginia partition statutes explain who can bring the action and how the court may divide or order sale of property. See Va. Code § 8.01-318 (persons entitled to partition) (https://law.lis.virginia.gov/vacode/section/8.01-318/).
Step 3 — Try negotiation and mediation first
Courts prefer parties to reach agreement without litigation. Offer realistic solutions such as: one heir buying out others, a private sale with shared proceeds, dividing the land if feasible, or hiring a mediator. Document mediation attempts — courts look favorably on parties who tried to settle.
Step 4 — Prepare and file the partition complaint
If negotiation fails, prepare a formal complaint for partition and file it in the Virginia circuit court in the locality where the property is located. The complaint must:
- Identify the property by legal description or deed reference;
- Name all co-owners (and anyone with a recorded interest);
- Allege the plaintiff’s interest and request partition or sale; and
- Ask the court to appoint commissioners or a referee to make the partition or to order sale and distribution of proceeds.
Virginia statutes govern the procedure for partition actions. The court may appoint commissioners to make division in kind or order public sale if a fair division is impractical. See Va. Code §§ 8.01-318 to 8.01-333 for procedure and the court’s powers (start reading at § 8.01-318) (https://law.lis.virginia.gov/vacode/section/8.01-318/).
Step 5 — Service, response, and preliminary orders
After filing, you must properly serve each co-owner and any other recorded interest holder. Defendants can respond, raise objections, or counterclaim (for example, claiming a different ownership share or asking the court to value improvements). The court may enter temporary orders to protect the property (for example, to prevent waste, unauthorized sale, or to require insurance and maintenance).
Step 6 — Partition in kind vs. partition by sale
The court evaluates whether a physical division is practical without unfairly harming owners’ interests. If a clean division is possible, the court can order a partition in kind and direct how to divide the acreage. If division would be unfair or impractical, the court can order sale (public auction or private sale under court supervision) and distribute net proceeds among owners proportional to their shares. The court may appoint commissioners to examine the land and recommend a course of action. See statutes governing commissioners and sale procedures in the partition provisions of the Virginia Code (https://law.lis.virginia.gov/vacode/section/8.01-318/).
Step 7 — Valuation, costs, and distribution
The court will address valuation (often via appraisal), adjust for improvements, and decide how to allocate sale costs, attorney’s fees, and taxes. Net proceeds go to owners according to their legal shares after liens and costs. If one co-owner wrongfully caused delay or waste, the court may award costs against them.
Special considerations for inherited property and probate
If title remains in the decedent’s name or the estate is unresolved, you may need a probate decree or an order establishing heirs before partition can be final. The personal representative’s actions and any creditor claims can affect the timing and viability of partition. Work with the estate’s probate records and counsel to clarify who must be named in the partition action.
Common obstacles and solutions
- Unknown or missing heirs: The court can allow service by publication after reasonable efforts.
- Conflicting claims to title: You may need a quiet-title claim in the same litigation or separately resolved before partition.
- Environmental or zoning restrictions: These can affect divide-ability and marketability; identify them early.
Timeline and costs
Partition lawsuits can take months to years, depending on complexity, the need for appraisals, and appeals. Expect court filing fees, possible appraisal and survey costs, commission fees, and attorney fees. A forced sale can reduce the sale price compared to a voluntary market sale.
How to start now — practical checklist
- Pull the deed and record title at the local land records office.
- Obtain probate records or letters testamentary if the decedent recently died.
- Attempt negotiation and document all offers and mediation efforts.
- Consider an independent appraisal and a title search.
- If litigation is necessary, prepare a partition complaint and file in the circuit court where the property sits; serve all co-owners and recorded interest holders.
Where to find Virginia law: The statutes governing partition actions start at Va. Code § 8.01-318. You can read the Virginia Code at the Legislative Information System: https://law.lis.virginia.gov/vacode/section/8.01-318/.
Note: Many procedural details (how to draft the complaint, required court forms, service rules, and local filing requirements) vary by circuit court. Check the local circuit court’s clerk website for filing steps and fee schedules.
Disclaimer
This article explains general principles of Virginia law and practical steps for a partition action. It is educational only and not legal advice. Laws change and every situation differs. Consult a licensed Virginia attorney for advice tailored to your facts.
Helpful Hints
- Get the deed and probate paperwork before doing anything else; you must prove who owns what.
- Try mediation first — it’s faster, cheaper, and preserves relationships.
- Hire a local real estate attorney or ask for a consultation to confirm the right court and paperwork.
- Obtain an independent appraisal and a boundary survey early if division in kind is possible.
- Be ready to pay filing fees, appraisal fees, and possible commissioner costs; the court can sometimes order the losing or obstructing party to pay costs.
- Consider offering a buyout to co-owners who don’t want to sell; a negotiated buyout can avoid court costs and a forced sale’s discount.
- Watch for liens, mortgages, or unpaid taxes — they must be resolved before clean distribution.
- Document all communications; the court will want to see attempts to compromise.
- If heirs live out of state or are hard to locate, hire a title company or private investigator to find them; the court can allow alternative service if needed.
- Ask whether the local circuit court requires any specific form for partition complaints or commissioner nominations.