A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
West Virginia Complaint for Partition of Real Property refers to a legal document filed in the state of West Virginia to resolve disputes over co-owned real estate. It is typically used when multiple individuals or entities jointly own a property and want to divide it among themselves or sell it. A Complaint for Partition of Real Property in West Virginia initiates a lawsuit to force a division or sale of the shared property. Upon filing the complaint, the court will conduct a hearing to assess the validity of the claim and determine the appropriate course of action. Potential types of West Virginia Complaint for Partition of Real Property include: 1. Voluntary Partition Complaint: Parties involved mutually agree on dividing the property by allocating specific portions to each owner. This type of complaint is filed when owners are on amicable terms and wish to divide the property fairly without selling it. 2. Forced Sale Partition Complaint: Filed when co-owners cannot reach a mutual agreement on dividing the property. This complaint requests the court to force the sale of the property and distribute the proceeds among the owners proportionately. 3. Partition in Kind Complaint: This type of complaint is filed when the property can be conveniently divided into distinct portions without affecting its value. It requests the court to divide the property physically, granting each owner exclusive ownership of their allocated portion. 4. Partition by Sale Complaint: When the property cannot be conveniently divided without negatively impacting its value, a Partition by Sale Complaint is filed. It requests the court to order the sale of the property and distribute the proceeds fairly among the co-owners. Co-owners who wish to utilize the West Virginia Complaint for Partition of Real Property should consult with an attorney familiar with real estate and property law in West Virginia. The attorney will guide them through the process, ensuring all necessary documents are filed correctly and representing their interests throughout the legal proceedings.
