How a co-owner can get money instead of taking physical property in West Virginia

Short answer: In West Virginia a co-owner who prefers money to physical possession can either negotiate a buyout with the other co-owners or ask the court to order a partition by sale. If the court finds physical division impractical, it can order sale of the property and distribute the sale proceeds according to each co-owner’s share. The process typically requires appraisal, accounting for liens, contributions, rents and expenses, and sometimes a receiver to manage the sale.

Detailed answer — How the buyout or partition-by-sale process works under West Virginia law

Co-ownership (joint tenancy, tenancy in common, or another form) gives each owner a legal share of the property. When one or more co-owners want cash instead of the property, there are two common paths:

Private buyout (negotiated settlement)

Most disputes start here because it is faster and less expensive. Steps include:
- Get a current market appraisal or multiple broker price opinions to set a fair value.
- Calculate each co-owner’s share (usually based on ownership percentage recorded in the deed).
- Account for mortgages, liens, taxes, outstanding bills, and recent improvements — these affect net proceeds and may change the buyout price.
- Make a written offer (terms should cover timing, payment source, and closing mechanics).
- Use mediation or a neutral attorney to resolve disputes over valuation or credits for contributions such as repairs or mortgage payments.
If co-owners agree, they typically record a deed transfer and settlement documents; the buying co-owner pays cash or refinances to remove the selling co-owner.
Court-ordered partition (file a partition action)

If negotiation fails, a co-owner can file a partition action in the Circuit Court where the property lies. West Virginia’s statutes addressing partition are found in the West Virginia Code (see Chapter 37 — Partition) and the circuit court has the authority to divide or sell property when owners cannot agree: West Virginia Code, Chapter 37 — Partition.

Key points about partition actions in West Virginia:
- The court first considers whether a physical division (partition in kind) is practical without materially harming the property or the owners’ interests.
- If division in kind is impracticable or would substantially impair value, the court can order a partition by sale and direct how the sale will proceed.
- The court supervises sale procedures or appoints a commissioner/receiver to sell the property and protect the parties’ interests.
- Sale proceeds are distributed according to ownership shares, but the court may adjust for contributions, liens, mortgages, taxes, rents, or waste—meaning one owner may receive more or less than a strict fractional division if the equities require it.
Practical effects of a partition-by-sale:
- The property is typically sold at auction or private sale under court supervision.
- Lenders’ liens and senior encumbrances are paid from sale proceeds first.
- The remaining net proceeds are divided among co-owners according to their legal interests, with adjustments for proven claims (e.g., one co-owner paid the mortgage or made improvements).

Evidence and documents you should gather

Recorded deed(s) showing each owner’s interest.
Mortgage statements, lien or judgment information, and HOA or tax bills.
Appraisals or broker price opinions.
Records of money paid by each co-owner toward mortgage, repairs, improvements, taxes, or management (receipts, bank records, canceled checks).
Lease agreements and rent ledgers if the property produced income.

How courts handle credits, reimbursements, and unequal contributions

West Virginia courts supervising partition can order accounting so one co-owner is credited for payments they made (for mortgage, taxes, or substantial improvements) that benefited the property. The court’s equitable powers let it adjust distributions so each party receives a fair net share after expenses, liens, and just credits are applied.

Timing, costs, and practical considerations

Negotiated buyouts can take weeks to months; partition litigation can take many months or longer depending on court schedules.
Court actions generate filing fees, appraisal costs, commission or receiver fees, sale costs, and attorney fees. Some costs may be charged against sale proceeds before division.
Consider tax consequences—receiving cash could have federal and state tax implications (capital gains, basis adjustments). Consult a tax advisor for specifics.

Example (hypothetical)

Two siblings co-own a house as tenants in common, each 50%. One sibling wants cash. They obtain an appraisal showing fair market value of $200,000 and agree the net sale proceeds (after a mortgage payoff and closing costs) would be $120,000. The staying sibling offers $60,000 for the other’s 50% share. If they cannot agree, the selling sibling can file a partition action. If the court orders a sale and the house sells for $200,000, lenders and sale costs are paid first, and the remaining proceeds are divided, with any court-ordered credits applied.

Where to look in West Virginia law

Partition law in West Virginia is set out in the West Virginia Code (Chapter 37): https://code.wvlegislature.gov/37/. The circuit courts handle partition actions in the county where the property is located. For procedural rules and local practices, check the relevant county circuit court or statewide court resources at the West Virginia Judiciary website: https://www.courtswv.gov/.

Helpful hints — Practical tips to increase your chance of getting fair monetary compensation

Start with a neutral appraisal so negotiations begin from a credible price point.
Document every payment you made to the property (mortgage, taxes, repairs)—these can produce credits at settlement or in court.
Consider mediation early; many courts encourage or require mediation in property disputes and it saves time and cost.
If you are seeking a buyout, be clear about payment timing and proof of funds or financing contingency to make your offer credible.
Keep detailed records of rental income, repairs and improvements; courts rely on evidence when adjusting distributions.
Talk to a local attorney to review your deed, explain how West Virginia law applies to your ownership type, and estimate likely court costs and timelines.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It explains general principles of West Virginia law but cannot substitute for advice about your specific situation. If you need legal advice, consult a licensed attorney in West Virginia.