West Virginia: What It Means When a Judge Dismisses a Partition Case With Prejudice
Detailed Answer — What a "Dismissed with Prejudice" Order Means in a West Virginia Partition Case When a judge dismisses a partition case "with prejudice," the court ends the case and bars the plaintiff from bringing the same claim again between the same parties. In short, the dismissal operates as a final judgment on the […]
Read article →How to Force Sale or Division of Co-Owned Real Property After Divorce in West Virginia
Options to Force Sale or Division of Real Property You Still Co-Own After Divorce in West Virginia Short answer: If you still co-own real property with your ex, you have several paths to end shared ownership: enforce any divorce-court property order, negotiate a buyout or settlement, ask a court to partition (divide) the property or […]
Read article →Selling a Co-Owned Property in West Virginia to Cover Funeral and Property Taxes
Can I sell a co-owned West Virginia property to pay funeral and property tax bills? Short answer: Possibly — but the path depends on who owns the property, whether one co-owner has the right to act alone, whether the deceased owner’s interest is subject to probate, and whether liens (like mortgages or tax liens) exist. […]
Read article →How to File a Partition Action to Force Sale of a Late Parent’s House in West Virginia
Quick answer If you and other heirs or co-owners cannot agree about the late father’s house, you may file a civil action for partition in the West Virginia circuit court for the county where the property is located. A partition action asks the court to divide the land among the owners (partition in kind) or, […]
Read article →West Virginia: How to Make a Buyout Offer to Co-Owners in a Partition Case
FAQ — Making a Buyout Offer to Co-Owners in a West Virginia Partition Case Not legal advice. This article explains general West Virginia law and practical steps to help you prepare. Consult a West Virginia lawyer before taking action. Detailed Answer When multiple people own the same real property in West Virginia and one owner […]
Read article →West Virginia: What Happens After Mediation Fails in a Partition or Probate Dispute
Overview This article explains possible next steps in West Virginia when mediation does not resolve a dispute involving partition of real property or a probate matter. It describes how court proceedings typically work, what remedies a court can order, and practical options you can consider before and after filing. This is educational only and not […]
Read article →West Virginia: When an Heir Refuses to Leave an Inherited Property
Quick answer If you and one or more heirs inherit a property in West Virginia and one heir lives on the property but refuses to move or sell, you have several legal paths. The most common are negotiating a buyout, filing a partition action (court-ordered division or sale), or pursuing money damages for exclusive possession. […]
Read article →West Virginia: Options When the Court Orders a Sale of the House but No Buyout Terms
What to Do If the Other Party Asks the Court to Sell the House but Offers No Buyout Terms Short answer: In West Virginia you have several options — object and ask the court to set buyout terms or a valuation process, file a counter-motion for an alternative remedy (buyout, partition in kind, or temporary […]
Read article →Refinancing and Buying Out a Co-Owner in West Virginia: Process and Checklist
Detailed Answer Short summary: When one co-owner wants to buy out the other owner of real estate in West Virginia, the usual path is (1) agree on a buyout price or get an appraisal, (2) the buying owner obtains a refinance or new mortgage in their name that pays off any existing loan and pays […]
Read article →Forcing a Property Sale in West Virginia: How to File a Partition Action When a Co-Owner Refuses Mediation
Understanding Your Options to Force a Property Sale in West Virginia Disclaimer: I am not a lawyer. This article is educational and does not constitute legal advice. If you need legal help, consult a licensed West Virginia attorney. Detailed Answer What a partition action is (and why it matters) If two or more people own […]
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