Partition Suits

Partition suits in Virginia are a statutory cause of action that allow a co-owner of real property to force either the division of the property among the co-owners, a buyout of one or more co-owners by the other co-owner(s) (called allotment), or a sale of the property. The stated goal is to prevent someone from being forced to co-own real estate with others.

Partition suits often come up when family members inherit property from a deceased parent or other relative. In these situations, family members and sometimes strangers end up co-owning real estate as tenants in common, whether it be a single-family residence or a large rural tract.

Mr. Whitlow has handled numerous partition suits and can assist clients in navigating the statutory requirements of a partition suit, determining whether a partition suit is a viable option, analyzing the possible outcomes, and determining what outcome would be best for his client.

The partition statute in Virginia was significantly revised in 2020, making the procedural aspects of a partition suit much different than they used to be.  Mr.  Whitlow is well-versed in the changes and has handled multiple partition suits under the revised statute.