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When co-owners of real property in Virginia cannot agree on selling real estate and the division of proceeds, they must turn to a Court-ordered judicial sale. The co-owners of property may not be intentional. They may be intestate heirs who have inherited an interest in the property through a relative dying without a will. They may be beneficiaries, under a will, who cannot agree on how to sell the property or dispute who has what interest. They could be former spouses who have divorced without having the property separated by the Court. Joint tenants and tenants in common must resort to Court-ordered sale if they cannot agree to terms of a sale. Partition would be the best way to protect an incompetent's interest if there are other owners.

Likewise, if some co-owners do not know who all of the other co-owners are or their whereabouts, partition suits are the vehicle to clear title and force a sale. As partition is a remedy of statute, the Legislature's directives must be strictly followed. The principal theory behind partition is to clear title and end disputes over real estate to the benefit of all co-owners. If none of the co-owners can or are willing to buy the others out, then the Court must determine the interests of the parties and appoint a Special Commissioner, usually an attorney familiar with the situation, to sell the property. A Court can order the sale of property at public auction, private contract, with or without a real estate agent, or a method of the Special Commissioner's choosing.

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