WVC 37 -
CHAPTER 37. REAL PROPERTY.
WVC 37 - 4 -
ARTICLE 4. PARTITION.
WVC 37 - 4 - 1
§37-4-1. Who entitled to partition; jurisdiction; state as party
Tenants in common, joint tenants and coparceners of real
property, including minerals, lessees of mineral rights other than
lessees of oil and gas minerals and stockholders of a closely held
corporation when there are no more than five stockholders and the
only substantial asset of the corporation is real estate, shall be
compelled to make partition, and the circuit court of the county
wherein the land or estate, or any part thereof, may be, has
jurisdiction, in cases of partition, and in the exercise of that
jurisdiction, may take cognizance of all questions of law affecting
the legal title, that may arise in any proceedings.
The state hereafter shall, whenever it is an owner of an
undivided interest in any land or real estate, together with other
persons, become a party plaintiff in any proceedings by any person
entitled to demand partition under the first sentence of this
section. Before instituting suit for partition the person entitled
to demand it shall notify the proper official who has supervision
of the state land and thereafter they shall proceed as they
determine best. In all cases resulting in partition or sale the
costs of suit shall come from the proceeds of sale. No state
official in charge of state lands may refuse to perform his duty in
any case where any person is entitled to demand a partition, or
sale under this article.
WVC 37 - 4 - 2
§37-4-2. Allotting shares together.
Any two or more of the parties, if they so elect, may have
their shares laid off together, when partition can be
conveniently made in that way.
WVC 37 - 4 - 3
§37-4-3. Allotment or sale; procedure for allotment.
When partition cannot be conveniently made, the entire
subject may be allotted to any party or parties who will accept
it, and pay therefor to the other party or parties such sum of
money as his or their interest therein may entitle him or them
to; or in any case in which partition cannot be conveniently
made, if the interests of one or more of those who are entitled
to the subject, or its proceeds, will be promoted by a sale of
the entire subject, or allotment of part and sale of the residue,
and the interest of the other person or persons so entitled will
not be prejudiced thereby, the court, notwithstanding the fact
that any of those entitled may be an infant, insane person, or
convict, may order such sale, or such sale and allotment, and
make distribution of the proceeds of sale, according to the
respective rights of those entitled, taking care, when there are
creditors of any deceased person who was a tenant in common,
joint tenant, or coparcener, to have the proceeds of such
deceased person's part applied according to the rights of such
creditors. Where it clearly appears to the court that partition
cannot be conveniently made, the court may order sale without
appointing commissioners. The court making an order for sale
shall, when the dividend of a party exceeds the value of three
hundred dollars, if such party be an infant, insane person, or
convict, require security for the faithful application of the
proceeds of his interest, in like manner as if the sale were made
under article one of this chapter.
In the event that allotment shall be made as aforesaid and the person or persons entitled to the proceeds, for any reason,
cannot agree upon the value of the subject, the court, or the
judge thereof in vacation, shall appoint three disinterested and
qualified persons to fix the value of the whole subject who,
after being duly sworn to make an appraisal of the fair market
value of the subject, shall within thirty days from the taking of
such oath, appraise the subject and make and file a written
report of their findings in the office of the clerk of the court
in which the suit is pending. If such appraisers report their
disagreement, or fail to file such report within thirty days,
other appraisers may in like manner be appointed, and so again,
from time to time, as often as may be necessary. The report of
the appraisers when filed, shall be conclusive and binding upon
all persons having any interest in the subject, unless an
objection is filed thereto in said clerk's office within thirty
days after the date of such report by the appraiser. If
objection is made to such report, the court, or the judge thereof
in vacation, shall take evidence upon the value of the subject in
the same manner as in other chancery matters, shall find the fair
market value of the subject and shall decree payment therefor
according to the respective rights of those entitled thereto as
their interest may appear, taking care to protect the rights of
creditors as aforesaid in this section.
If any party to the suit refuses or is unable because of any
disability, including but not limited to infancy, insanity and
conviction of crime, to make, execute and deliver a deed or other
instrument transferring title to the subject to the person or persons to whom the subject has been allotted, the court, or the
judge thereof in vacation, shall appoint a special commissioner
for the purposes of accepting the purchase money from the person
or persons to whom the subject has been allotted, making,
executing and delivering thereto a deed or other instrument
therefor and distributing such purchase money according to the
respective rights of those persons entitled thereto. The special
commissioner so appointed shall give bond and be governed in all
respects as provided in section one, article twelve, chapter
fifty-five of this code.
WVC 37 - 4 - 4
§37-4-4. Determination of liens.
When there are liens by judgment or otherwise, on the
interest of any party to a partition suit, the court may, on the
petition of any person holding a lien, ascertain the liens and
apply the dividend of such party in the proceeds of sale to the
discharge of such liens so far as may be necessary for that
WVC 37 - 4 - 5
§37-4-5. Sale of land free of dower.
The provisions of section five, article one, chapter forty-
three of this code shall be applicable to any sale made under the
provisions of this article.
WVC 37 - 4 - 6
§37-4-6. Unknown owners.
If the name or share of any person interested in the subject
of the partition be unknown, so much as is known in relation
thereto shall be stated in the bill.
WVC 37 - 4 - 7
Any person who, before the partition or sale, was lessee of
any of the lands divided or sold, shall hold the same of him to
whom such land is allotted or sold, on the same terms on which,
by his lease, he held it before the partition.
WVC 37 - 4 - 8
§37-4-8. Record; effect.
The provisions of section seven, article four, chapter
fifty- one of this code shall be applicable to any partition made
under this article.