When Co-Owners Disagree: How a Court Can Order a Sale of Shared Real Estate in West Virginia

Detailed answer — how forcing a sale works under West Virginia law

When multiple people own the same house and cannot agree about keeping, selling, or dividing it, West Virginia law gives any co-owner a way to ask a court to resolve the dispute through a partition action. A partition action asks the court either to divide the property physically among co-owners (partition in kind) or, if physical division is impracticable or unfair, to order the property sold and to divide the net sale proceeds among the owners.

West Virginia statutes and civil procedure govern how to start and carry out a partition. To review state statutes and related rules, use the West Virginia Code search and the West Virginia courts rules pages:

Key concepts and typical court outcome

Type of ownership matters. If you are tenants in common, each owner holds an individual share that can be partitioned. Joint tenancy has different survivorship consequences but still allows partition actions in many cases.
Who can file. Any co-owner with a present ownership interest can file a partition action against the other co-owners.
Court options. A court may order a partition in kind (physically divide the parcel) if it is practical. If dividing the parcel is impractical or would reduce value for all parties, the court commonly orders a sale and divides the proceeds after subtracting costs, liens, mortgage payoff, and court-ordered credits.
Mortgage and liens. A mortgage or lien generally follows the property. The sale proceeds are used to pay valid liens and mortgages before distributions to owners.
Costs and credits. The court typically charges filing costs, attorney fees (in some circumstances), appraisal and commissioner costs, and may award credits (for improvements or payments on the mortgage) if a co-owner proves entitlement.

Step-by-step process you can expect

Verify ownership and documents. Check the deed to identify owners, types of ownership, recorded liens, mortgages, and any agreements (buy-sell, co-ownership agreement).
Attempt negotiation first. Courts expect parties to try settlement. Offer buyouts, mediation, or sale by agreement. Mediation often saves time and money.
File a partition action. If negotiation fails, file a partition complaint in the county where the property is located. The complaint names all co-owners and lienholders.
Service and responses. Defendants (co-owners and lienholders) must be served and may respond or raise defenses (e.g., agreements preventing sale, claims for credit for mortgage payments or improvements).
Appraisal and commissioners. The court may appoint commissioners or order appraisals to determine whether in-kind division is possible and to set a fair market value.
Hearing and court order. After evidence and possibly hearings, the court orders partition in kind or orders a sale. If it orders sale, the court will direct how the sale proceeds are handled and how costs are allocated.
Sale and distribution. The property sells (often at public auction or private sale under court supervision). The court approves the sale and directs distribution of net proceeds according to ownership shares and court adjustments.

Common complications to expect

Mortgages and liens can force payoff from sale proceeds and reduce each owner’s share.
A co-owner living in the property or who made major improvements may claim credit or offset against proceeds.
Bankruptcy filings by a co-owner can temporarily halt the partition process (automatic stay) until the bankruptcy court or bankruptcy trustee resolves the matter.
If a co-owner is a minor, incapacitated, or under legal disability, the court may require a guardian or special representative for that owner.

Example (hypothetical)

Three people own a house as tenants in common, each holding one-third. Two owners want to sell; one refuses. The two owners file a partition action. The court appoints an appraiser and finds the lot cannot be divided fairly. The court orders a judicial sale, pays off an outstanding mortgage and liens from proceeds, deducts court and sale costs, and divides remaining funds among the three owners according to ownership shares, with a possible credit to the refusing owner if they paid most mortgage payments.

When you should talk to an attorney

Consult an attorney if any of these apply:

There is a mortgage, tax lien, or other encumbrance on the property.
One co-owner lives in the home or claims significant improvements or contributions.
There are complex title issues, disputed ownership percentages, or alleged oral agreements about sale or buyouts.
A co-owner has filed bankruptcy or a disability or minority complicates representation.

An attorney can file the partition complaint, handle service and discovery, present valuations and credits, and negotiate or litigate to preserve your financial interests.

Practical timeline: Simple agreed sales can be resolved in weeks. Contested partition actions typically take several months to a year or longer, depending on court schedules, appraisal timing, and whether appeals occur.

Helpful Hints

Start by confirming the deed and any recorded agreements at the county clerk or recorder’s office.
Collect proof of payments (mortgage, taxes, utilities) and receipts for improvements; courts use these to award credits.
Try mediation before filing. A mediated buyout often saves both money and time.
Get a current appraisal so you and the court know fair market value before negotiating or filing suit.
If you want to keep the house, prepare a buyout offer showing how you will finance the purchase and cover liens and closing costs.
If a co-owner is unresponsive or hiding, an attorney can help locate and serve them properly to move the case forward.
Expect court costs, appraiser fees, and possible commissioner fees; factor them into any proposed buyout or settlement.