Can a Court Appoint a Commissioner to Handle a Private Sale in a West Virginia Partition Action?

Short answer: Yes — under West Virginia law, a court that has jurisdiction over a partition action can appoint a commissioner (sometimes called a special commissioner, master, or referee) to conduct a sale of the property. A private sale to a specific buyer is sometimes permitted, but the court will closely review the process and terms to protect the rights of all co-owners and interested parties.

Detailed answer — how this works in West Virginia

This answer explains how partition sales and commissioner appointments typically work in West Virginia, using a simple hypothetical:

Hypothetical: Three siblings own an undivided one-third interest each in a family vacation lot. One sibling found an outside buyer who is willing to buy the entire parcel. The siblings cannot agree on dividing the land. One sibling asks the circuit court to partition and to appoint a commissioner to manage a sale directly to that buyer.

Key legal points and typical court practice:

Court authority to order partition and sale. When co-owners cannot agree on dividing real property, a circuit court can order partition in kind (physical division) or partition by sale. The court chooses the method reasonably likely to protect co-owners’ interests. The legislature and West Virginia courts authorize courts to manage partition cases and to use court-appointed officers to implement sales. For statutes and procedural rules, start at the West Virginia Code and the West Virginia Judiciary site: https://code.wvlegislature.gov/ and https://www.courtswv.gov/.
Appointment of a commissioner or special commissioner. The court may appoint a commissioner (terms vary) to carry out tasks the court directs. Typical duties include conducting appraisals, marketing the property, receiving and presenting offers, handling closing logistics, and filing an accounting with the court. The court sets the commissioner’s powers and authority in its order.
Private sale vs. public sale. Courts often prefer public sale procedures (advertised auction or brokered sale) because they better expose the property to potential buyers and tend to produce market value. However, a private sale can be ordered or approved if the court finds that the private sale is fair, that it maximizes value for the co-owners, and that all statutory and procedural requirements (notice, appraisal, disclosure) have been met. A private sale to a buyer with a relationship to a party receives special scrutiny.
What the court will review before approving a private sale.
- Whether the sale price is fair and supported by an independent appraisal or comparable evidence; the court may order an appraisal.
- Full disclosure about any relationship between the buyer and a co-owner or the commissioner.
- Whether adequate notice of the proposed sale and hearing was provided to all co-owners and interested parties so they can object.
- Whether the proposed sale process protects the rights of creditors and lienholders.
- Whether the commissioner’s proposed compensation is reasonable and will be approved by the court.
Common protections the court may require for a private sale.
- Independent appraisal(s) or broker opinions supporting the sale price.
- Publication or additional notice to ensure transparency.
- Confirmation hearing where parties can object and the court can accept or reject the sale.
- Escrow or other safeguards for deposit and closing funds.
Risks of a private sale to a party-affiliated buyer. If a co-owner arranges a sale to an affiliated buyer (friend, relative, or business associate), courts will closely evaluate whether the sale is arm’s-length. If the court determines the sale was unfair or collusive, it can refuse to confirm the sale or later set it aside.
Practical steps to ask the court to appoint a commissioner for a private sale.
1. File a complaint for partition or a motion in an existing partition case asking the court to order sale by a commissioner and to approve appointment of a named commissioner.
2. Propose an order describing the commissioner’s duties, compensation, and the proposed sale process (private sale terms and timeline).
3. Attach or offer independent appraisal(s) or evidence of value to justify a private sale.
4. Serve all co-owners, lienholders, and other interested parties with notice of the motion and a hearing date so they may object.
5. At the hearing, be prepared to show that a private sale is likely to produce as much or more value than a public sale and that it is fair to all parties.
6. If the court approves, comply strictly with the court’s order: the commissioner will file reports, and the court will typically hold a confirmation hearing before authorizing distribution of proceeds.
Commissioner’s accounting and confirmation hearing. After the sale, the commissioner usually files a report, an accounting, and a proposed distribution. The court will hold a confirmation hearing. Objections may delay or block confirmation. Only after confirmation will the court direct distribution of the net proceeds to co-owners and payment of liens and costs.

When a private sale may be denied

The court can refuse to allow a private sale or to appoint the proposed commissioner if:

The sale price is demonstrably below market and no adequate evidence supports it.
Notice was inadequate or interested parties were not given an opportunity to be heard.
There is reason to suspect collusion, self-dealing, or an unfair advantage to a party or buyer.
The proposed commissioner lacks independence, competence, or the court does not approve the proposed terms.

Practical example (continued)

Back to the siblings: to move forward with a private sale to the buyer the sibling found, the court will likely require an independent appraisal, full disclosure that the buyer has a close connection to one sibling (if true), and formal notice to the other siblings. The court may approve a sale if it finds that the sale price equals or exceeds likely results from an advertised sale and that all parties had a fair chance to object.

Helpful Hints

Consult a West Virginia circuit court attorney experienced in partition and real estate sales before filing any motion.
Obtain at least one independent, written appraisal before proposing a private sale to the court.
Disclose relationships between buyers and any party (or the commissioner) to reduce risk of the court rejecting the sale for self-dealing concerns.
Propose a detailed order that explains commissioner duties, fee structure, notice procedures, and confirmation steps to give the court confidence in the plan.
Expect the court to require a confirmation hearing after the sale; do not assume a sale is final until the court confirms it and directs distribution.
Preserve records of marketing, offers, appraisal data, and communications in case the court or other parties later question the sale.
Search the West Virginia Code and local circuit court rules for partition procedures and any specific statutory guidance: https://code.wvlegislature.gov/ and the West Virginia Judiciary site at https://www.courtswv.gov/.

Next steps: If you want to try a private sale via a court-appointed commissioner, gather a written appraisal, draft a clear proposed order, and consult an attorney who can file the necessary motion and present the proposal to the circuit court. That gives you the best chance to obtain court approval while protecting all parties’ rights.

Disclaimer: This article explains general principles of West Virginia partition practice. It is educational only and is not legal advice. For guidance about your specific situation, consult a licensed West Virginia attorney.