Legal Question in Real Estate Law in Virginia
Do all co tenants need to have the same amount of ownership in a property for a partition sale? My family owns some real estate in fee simple with Corp A that only owns the surface and the coal. The timber, oil and gas are owned with us and Corp B. Can Corp A force a sell (partition) of our interest of the surface and the coal leaving us with the timber, oil and gas? The property is in SW Virginia.
1 Answer from Attorneys
Yes, corporation A whose ownership interest in this property differs from that of your family and corporation B may be able to force a judicial sale of the
property in lieu of partition if the three of you cannot somehow agree to
settle the matter without going to circuit court (such as your family and corporation B buying out the interest of corporation A or vice versa).
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