Partitioning Property in West Virginia: Key Principles
When a married couple owns real estate in West Virginia, they often hold title as tenants by the entirety. Under WV Code §36-3-1, this form grants spouses an undivided whole interest together. Neither spouse can unilaterally partition property held this way before a divorce. The law treats a tenancy by the entirety as a single legal unit during marriage, so courts typically deny partition suits by one spouse against the other.
Partition Rights for Individual Co-Owners
If you and your spouse hold real estate as joint tenants or tenants in common—instead of tenants by the entirety—you qualify as co-tenants. Under WV Code Chapter 48, any co-tenant may file a partition action to divide or sell the property. The circuit court appoints commissioners to appraise and physically divide the land or order its sale. After sale, the court distributes proceeds based on each owner’s percentage share.
Partition vs Divorce Property Division
After divorce, West Virginia courts divide marital property under equitable distribution rules in WV Code §48-2-15. At that stage, the court may convert tenancy by the entirety into tenancy in common and then order partition. Coordinating your partition action with your divorce ensures efficient resolution and avoids conflicting orders.
Disclaimer: This article provides general legal information and does not constitute legal advice. For advice on your specific situation, consult a qualified West Virginia attorney.
Helpful Hints
- Review your property deed to confirm your form of ownership.
- If titled as tenants by the entirety, you cannot partition until after divorce.
- Consult a real estate attorney before filing a partition action.
- Gather deeds, surveys, and appraisal reports before court filings.
- Consider mediation to settle property division outside of court.