Legal Question in Wills and Trusts in West Virginia

Re: Division of property

It seems apparent that the farm was left to the 4 of you and now, with the deed, to your one sister she owns an undivided 1/2 and your and your mother each own and undivided 1/4. Unless your father described a specific parcel, with particularity to make partition ascertainable, the interests held are "undivided". That means you each hold the same share in all of the property, including the well. Unless each of you agree to a partition none can be compelled to give up anything. The Circuit Court is the correct place to resolve the matter. This suit is an absolute right of a fractional interest owner of property. A letter is not sufficient to commence a civil action and the court should not act on it. The judge may reply and suggest you consult counsel, but a proper partition suit must be entertained by the judge with relief granted to the parties. It is possible to represent yourself, but I strongly suggest a lawyer to bring the suit. The court will first determine if the property can be partitioned in kind, that is, property lines drawn to give each their share in fee simple. Almost never is it possible to partition in kind. It sometimes happens when you have several city lots, of equal size and value and an equal number of owners. The court may award each a lot. The remedy is sale at the courthouse steps of all of it. Any fractional owner may bid or a stranger may bid. The high bid is taken and the money divided according to the respective ownership interests, 1/2, 1/4,1/4. Usually such suit is brought by one who wants to bid and own it all or by a fractional owner who simply wants to force a buy out.