Disclaimer: This article does not offer legal advice. For personalized guidance, consult a licensed attorney.
Detailed Answer
Partition actions let co-owners divide or sell property. Under West Virginia law, you must follow Chapter 37 of the WV Code. Section 37-1-1 defines filing requirements. Section 37-1-17 outlines sale procedures. Below are the steps.
1. Identify All Co-Owners and Their Interests
List every relative who holds title. Note each person’s ownership share. Prepare documentation: deeds, wills, and title reports.
2. Draft the Petition
Prepare a written petition. Include:
- Names and addresses of all co-owners;
- Legal description of the land;
- Type of partition sought (division or sale);
- Basis of your claim to an interest.
Reference WV Code §37-1-1.
3. File the Petition
Submit the petition to the circuit court in the county where the land lies. Pay the applicable filing fee. Request a hearing date.
4. Serve Notice on Co-Owners
Serve each co-owner with a copy of the petition and summons. Follow West Virginia Rules of Civil Procedure, Rule 4. If a party cannot be found, publish notice per Rule 4(d).
5. Attend the Hearing
Appear on the scheduled date. Present evidence of ownership and justification for partition. The court will order a partition or sale.
6. Complete the Partition or Sale
If the court orders physical division, a commissioner will survey and divide the land. If the court orders sale, the commissioner sells the property and distributes proceeds per ownership shares under WV Code §37-1-17.
Helpful Hints
- Confirm legal descriptions with a county surveyor.
- Choose mediation to reduce conflict.
- Keep certified mail receipts for service proof.
- Track deadlines on court orders to avoid dismissal.
- Consult an attorney if co-owners contest the petition.