When co-owners of property can't agree on what to do with it, Virginia law provides a remedy: a partition suit. Whether you want to force a sale, divide the land, or buy out a co-owner who won't negotiate, Fidelis Law, PLC, handles partition actions throughout Southwest Virginia.
When Co-Owners Can’t Agree
Inherited family land is one of the most common sources of partition suits in Southwest Virginia. When a parent dies and leaves land to multiple children — or grandchildren from multiple branches of the family — disagreements over what to do with the property are almost inevitable. Some heirs want to sell. Others want to keep the land in the family. Some have been living on or maintaining the property; others haven't been involved for years.
Virginia law gives any co-owner of real property the right to bring a partition suit, regardless of how small their ownership share is. A court can divide the land physically (partition in kind), it can allot the interest of one owner to another owner willing to pay fair market value for the share(s) allotted (partition by allotment), or the court can order the interests be sold and the proceeds divided among the owners (partition by sale). In most cases involving rural Southwest Virginia tracts, courts tend toward allotment or sale because physical division is rarely practical.
Under the partition statutes, co-owners of inherited family land have important rights, including the right of first refusal before a forced sale. Knowing these rights before a partition suit is filed can make a significant difference in the outcome.
We Represent All Sides of Partition Disputes
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Heirs seeking to force a sale
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Co-owners who want to keep the land
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Family members seeking a buyout
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Owners disputing contribution claims
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Co-owners owed reimbursement for improvements
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Parties seeking physical division of property
If you are a co-owner of real property in Southwest Virginia and cannot reach agreement with the other owners, a partition suit may be your most effective path forward. We can help you understand your rights and your realistic options before you commit to litigation.
Protecting Family Legacy — or Securing Your Share
Partition suits involving family land are rarely just legal disputes — they're family conflicts that happen to play out in a courtroom. We approach these cases with the understanding that relationships matter, and that the best outcome is often one that resolves the dispute without permanently destroying those relationships. Where negotiation and structured buyouts are possible, we pursue them. Where they aren't, we are fully prepared to litigate.