Owning property with others can seem like a smart investment—or a convenient inheritance. But what happens when one or more co-owners want out and the others don’t? In Virginia, the legal process used to resolve these disputes is called a partition suit. Our firm has extensive experience guiding clients through this often-complicated process and protecting their property interests along the way.
What Is Partition?
Partition is a legal action that allows co-owners of real estate to divide the property or its value when they can’t agree on what to do with it. This often comes up in situations like:
- Inherited property: Several siblings inherit a family home, and one wants to sell while others don’t.
- Unmarried couples: A couple buys a house together, then break up.
- Investments gone sour: Business partners or friends co-own land, but plans change.
In Virginia, partition is governed by Virginia Code § 8.01-81, which allows joint tenants, tenants in common, and certain legal representatives to request division.
Three Types of Partition in Virginia
Virginia law recognizes three main ways to resolve a partition:
- Partition in Kind (Preferred): This means physically dividing the property into separate portions. For example, a large plot of rural land might be split down the middle, so each owner gets their own parcel.
- Partition by Allotment: If dividing the land isn’t practical, one co-owner can be awarded the entire property and must pay the other co-owners the value of their share. This is based on an agreed or court-determined value.
- Partition by Sale: If neither of the first two options works—say it’s a small townhouse and no party is willing to buyout their co-owners—then the court can order the property to be sold. The profits are then divided among the co-owners based on their ownership shares.
When Is Each Type Used?
Partition in Kind: Courts favor this method if it’s practical. Judges will consider:
- The layout and size of the property
- How many co-owners there are
- Emotional ties (like a family home)
- Whether the property can still be used as intended if divided
- The risk of unequal values caused by division
Partition by Allotment: This is used when dividing the land isn’t possible or fair—such as a single building. The court will order a real estate appraisal to figure out the value of each owner’s interest, then one owner may “buy out” the others.
Partition by Sale: This is often the only viable option for properties like condos or homes on small lots. If co-owners can’t agree on a broker, the court will appoint one, and the property will be sold either on the open market, by auction, or via sealed bids.
Where Do You File a Partition Suit?
Partition suits must be filed in the circuit court of the city or county where the property is located. These courts have the authority to oversee property divisions and order appraisals, sales, or compensation as needed.
What Happens During the Suit?
- Ownership must be proven: You’ll need legal documents like a deed or will. Testimony alone isn’t enough.
- Property valuation: If the case involves a buyout or sale, the court may order an appraisal.
- Dispute resolution: If there’s a disagreement over who actually owns the property, that must be settled before the partition can proceed.
- Distribution: Once the method of partition is decided, the property (or its value) is distributed fairly, including any payments to heirs or creditors.
Special Situations: Unknown Heirs or Missing Owners
Partition can still proceed even if not all co-owners can be found. Virginia law allows for service by publication and appointment of a guardian ad litem to protect the interests of missing heirs. The court will ensure their share of the property or proceeds is preserved.
Commissioners and Final Orders
In some cases, the court appoints commissioners—neutral third parties—to help determine how to fairly divide the property. Once everything is resolved, the court enters a final decree which officially confirms the new ownership or the results of the sale.
Why You Need a Lawyer for a Partition Suit
Partition actions can quickly become complex, especially when there are:
- Disputes over ownership
- Missing or unknown heirs
- Co-owners who won’t cooperate
- Questions about property value or fair compensation
Having an experienced attorney ensures your interests are protected throughout the process, and that you avoid costly delays or unfavorable outcomes.
We Can Help
At ThompsonMcMullan, P.C., we’ve successfully handled partition actions for a wide range of clients—from families to investors. Whether you want to sell, divide, or resolve a dispute over jointly-owned property, we’re here to guide you through the process.
Contact us to schedule a consultation and take the first step toward resolving your property dispute.
