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. You generally should not try to forcibly remove the occupant yourself. The court can order a sale of the property and divide the proceeds among the owners if the co-owners cannot agree.

Detailed answer — how West Virginia law treats this situation

1. Who owns what after inheritance?

When property passes to multiple heirs—by will, intestacy, or probate—each heir typically owns an undivided fractional interest (common-law “tenancy in common”) in the whole property. That means each co-owner can use the property, but no single co-owner normally has the right to exclude the others or force a unilateral sale except by court order.

2. Try agreement first: easiest and cheapest

The quickest outcome is a negotiated solution. Options include:

One heir buys the other(s) out at an agreed price.
Heirs agree to list the property for sale and split proceeds.
Family buyout via financing, seller financing, or a structured payout.

Put any agreement in writing and record deeds or releases as appropriate.

3. Partition actions — the primary court remedy

If negotiations fail, a co-owner can file a partition action in West Virginia circuit court. The judge can:

Order a physical division of the land (partition in kind) when feasible, or
Order a sale of the entire property and divide the proceeds based on each owner’s share.

Courts generally prefer partition in kind for large, divisible parcels but will order sale when division is impractical or would unfairly harm value. Expect the court to appoint appraisers, consider necessary expenses (liens, taxes), and deduct costs before splitting net proceeds.

For more on West Virginia statutes and procedure, see the West Virginia Code and the state court website: https://code.wvlegislature.gov/ and https://www.courtswv.gov/. These sites let you search for partition or civil procedure provisions and local circuit-court rules.

4. Ejectment, forcible entry and unlawful detainer — limited tools when co-owners are involved

Ejectment and unlawful detainer (eviction) procedures generally apply to tenants, licensees, or third parties who occupy land without legal right. When an occupant is a co-owner, eviction is more complicated because the occupant does have an ownership interest. A partition action is usually the correct remedy against a co-owner. However, if the co-owner is committing waste (destroying or damaging property) or is a tenant under an agreement that ended, separate claims (including injunctive relief or forcible entry/unlawful detainer) might be appropriate. Consult a West Virginia attorney about the right procedural path and local forms.

5. Accounting for use and rental value

If one heir has exclusive possession, other co-owners may be entitled to an accounting for their share of rental value or a credit for expenses they paid (mortgage, taxes, repairs). A partition court can resolve such money claims and adjust each owner’s distribution accordingly.

6. Probate status and administrator powers

If the estate is still in probate, the personal representative (executor/administrator) may have authority under the will or West Virginia probate law to sell estate property to pay debts or distribute proceeds. Check the probate file and consult the personal representative about options before filing a partition action.

7. Adverse possession is unlikely to help a co-occupying heir

Adverse possession claims generally require hostile, exclusive, and continuous possession for a statutory period. Co-ownership and permission to occupy typically defeat adverse possession against the other co-owners. Don’t rely on adverse possession to force a title change among heirs.

8. Practical timeline and costs

Negotiation and buyout: days to months; legal fees vary.
Partition action: months to a year or more depending on complexity, appraisals, and appeals; court costs, appraiser and attorney fees will reduce net proceeds.
Eviction or injunctive relief (if appropriate): faster but only in limited circumstances and sometimes still requires court hearings.

What to expect in court

Pleadings: the filing will name all owners and request partition or sale.
Appraisals and possible appointment of a commissioner to manage sale or division.
Hearings on who owes what for taxes, mortgage, maintenance, and rents.
A final order dividing the property or ordering sale and distributing proceeds.

Helpful hints

Collect documents: deed, will, probate file number, mortgage statements, tax bills, insurance, and receipts for repairs or payments.
Do a title search early to discover liens and encumbrances that can affect sale or division.
Get a current appraisal to understand value and fair buyout price.
Consider mediation or neutral family meetings before suing; courts often expect parties to try settlement first.
Avoid self-help (changing locks, removing possessions, or forcibly evicting an occupant). Self-help can lead to criminal and civil liability.
Document expenses and communications (texts, emails, letters) about occupation, offers, and repairs—this helps at accounting or partition hearings.
Talk to a West Virginia probate or real property attorney to understand local circuit-court practice and to prepare pleadings correctly.
Check the West Virginia State Bar for lawyer referral resources: https://wvbar.org/.

Next steps

Determine whether the estate is still in probate and who the personal representative is.
Gather title, deed, and mortgage documents.
Attempt a written buyout or sale agreement with the living heir; propose mediation if needed.
If negotiation fails, consult a West Virginia attorney about filing a partition action and about any interim remedies (injunctions for waste or claims for rent).

Disclaimer: This article explains general principles under West Virginia law and is for educational purposes only. It is not legal advice. For advice about a specific case, contact a licensed West Virginia attorney who can review the facts and local rules.