West Virginia: Rights When a Co‑Owner Holds a Life Tenancy and Occupies Property
Understanding Your Rights When a Co‑Owner Holds a Life Tenancy and Occupies the Property Short answer: A person who holds a life estate (life tenant) generally has the right to possess and use the property during their lifetime but must avoid “waste.” Other co‑owners or remaindermen hold future interests and can enforce rights through court […]
Read article →West Virginia: Can a Life Tenant Continue Living in the House During a Partition?
Detailed Answer Short answer: Under West Virginia law, a person who holds a life estate generally keeps the right to possess and live in the property for the duration of the life estate while a partition action proceeds, unless the court orders otherwise. However, a co-owner may still force a partition, and the court can […]
Read article →How to File a Partition Action in West Virginia When Co-Owners Won't Respond
How partition actions work in West Virginia Short answer (high-level) If co-owners of inherited real property refuse to respond, a co-owner can ask a West Virginia circuit court to divide the property or order it sold and distribute the proceeds. West Virginia law allows the court to proceed even if some co-owners cannot be found […]
Read article →West Virginia: What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale
Detailed Answer Short answer: In West Virginia a court that orders partition can appoint a commissioner to carry out a sale when co-owners cannot agree. The commissioner must follow the court’s order, market and negotiate the private sale, report back to the court, and obtain court confirmation before the sale is final and proceeds are […]
Read article →West Virginia: Forcing the Sale of an Inherited Parcel — Partition and Co-Owner Disputes
FAQ — Partition actions and forced sale of jointly owned inherited property under West Virginia law Detailed answer If you co-own an inherited parcel in West Virginia and a family member refuses to list or sell it, you can usually force a sale through a court-ordered partition action. This is a common legal tool when […]
Read article →West Virginia: What Paperwork Proves House Expenses in a Partition Case?
Detailed Answer When parties ask a West Virginia court to partition real property, the court must decide who gets what of the property and whether one party should be credited or charged for payments and expenses related to the property. To get credit for expenses you paid (repairs, taxes, insurance, mortgage payments, utilities, or improvements), […]
Read article →West Virginia: Can You Deduct Mortgage, Property Taxes, and Carrying Costs from Sale Proceeds?
Detailed Answer Short answer: When you sell real property in West Virginia, mortgages, property tax liens, and other secured liens are normally paid out of the sale proceeds at closing before owners divide the net money. Other carrying costs (mortgage payments, insurance, utilities, maintenance) you personally paid while the property was owned may be reimbursable, […]
Read article →West Virginia: Requiring Co-Owners to Produce Mortgage Statements and Repair Receipts Before Splitting Sale Proceeds
Understanding Co-Owner Accounting and Documentation for a Real Estate Sale in West Virginia Detailed Answer If you co-own real property in West Virginia and you plan to sell it, you can ask a co-owner to provide mortgage statements, proof of mortgage payments, and receipts for repairs before dividing the sale proceeds. Whether you can force […]
Read article →How to Force the Sale of a Co-Owned House in West Virginia
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 […]
Read article →How to File a Partition Action in West Virginia to Split Inherited Property
Disclaimer: This is general information about West Virginia law and is not legal advice. Consult a West Virginia-licensed attorney about your specific situation before taking action. Detailed Answer — What to expect and the steps to file a partition action in West Virginia If you inherited real property with one or more co-owners who refuse […]
Read article →