Partition Suits

When Property Ownership Disputes Arise, We Help You Find Fair Solutions

Whether it’s the dissolution of a business venture, the breakup of a relationship, or a dispute following an inheritance, disagreements between joint property owners can turn even the closest relationships into battlegrounds. As experienced partition suit attorneys, we at Anderson Legal Group, PC understand the complexities that arise when co-owners of real estate can’t agree on its use or division.

Partition Suits – A Path to Resolution

Partition suits are legal actions taken to resolve property disputes among joint owners who can’t reach an agreement on how to use or divide their property. If you find yourself in such a situation, our team of experienced attorneys can guide you through the process and ensure your interests are protected.

What is a Partition Action and Who Can File One?

Limited Partnerships – In a limited partnership, there are one or more general partners and one or more limited partners. The general partners make the management decisions of the business, while the limited partners do not. The general partners, however, also assume 100% of the risk for the liabilities and debts of the limited partnership. The limited partners, on the other hand, only risk the financial contributions they made to the limited partnership. Generally, all the partners in the limited partnership share the profits of the business.

Joint owners of property who are in disagreement on its use or division can turn to Virginia courts to help decide how to “partition” the property. Under Virginia law (Va. Code 8.01-81), individuals including tenants in common, joint tenants, executors with power to sell, and coparceners of real estate, can file a
partition suit.

How Can a Property be Partitioned?

There are three ways a property can be partitioned in Virginia:

  1. Partition by Sale: The property is sold, and the proceeds are divided among the co-owners.
  2. Partition in Kind: The property is divided into separate legal parcels.
  3. Partition by Allotment: One or more co-owners buy out the others at a price set by court-
    ordered appraisal.

Common Issues in Partition Suits

Partition suits can involve complex issues, including determination of fair market value, approval of an appraiser, assessment of property subdivision possibilities, handling of delinquent taxes and liens, potential reimbursement for property maintenance and improvement costs, and more. Our team of experienced attorneys can help navigate these intricate legal challenges.

Reach Out to Anderson Legal Group, PC Today

If you’re dealing with a property ownership dispute or are considering filing a partition suit in Virginia, don’t face the challenge alone. The dedicated team at Anderson Legal Group, PC is ready to help. Contact us today for a consultation.