Find Laws Find Lawyers Free Legal Forms USA State Laws

WEST VIRGINIA STATUTES AND CODES

§37-4-1 Who entitled to partition; jurisdiction; state as party plaintiff.

§37-4-1. Who entitled to partition; jurisdiction; state as party plaintiff.
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.

West Virginia Forms by Issue

West Virginia Court Forms
> DUI
> Domestic Violence
West Virginia Tax Forms

West Virginia Law

West Virginia State Laws
    > West Virginia Child Support
    > West Virginia Gun Laws
    > West Virginia State Laws
West Virginia Tax
    > West Virginia State Tax
West Virginia Agencies
    > West Virginia Department of Education

West Virginia Court Map

Tips