{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-81.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-81.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-81.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-81.1.html"}],"law_id":54890,"edition_id":1,"section_id":54890,"structure_id":13817,"section_number":"8.01-81.1","catch_line":"Determination of value","history":"2020, cc. 115, 193; 2023, c. 333.","full_text":"A\n\nExcept as otherwise provided in subsections B and C, the court in every partition action shall order an appraisal pursuant to subsection D, and such appraisal shall inform the court’s determination of fair market value under subsection F. The expense of the appraisal shall be advanced by the plaintiff, and such other parties as the court may determine in its discretion, and taxed as costs so that such expenses will be shared by the parties to the extent of their respective interest in the property.B\n\nIf all parties have agreed to the value of the property or to another method of valuation, the court shall adopt such value or the value produced by the agreed-upon method of valuation.C\n\nIf the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall enter an order to determine the fair market value for the property.D\n\nIf the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the Commonwealth to assist the court in determining the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court and shall, within three business days of such filing, mail a notice of filing to all counsel of record stating:1\n\nThe appraised fair market value of the property;2\n\nThat the appraisal is available at the clerk’s office; and3\n\nThat a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.E\n\nIf an appraisal is filed with the court pursuant to subsection D, the court shall conduct a hearing to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party under subsection D, whether or not an objection to the appraisal is filed under subdivision D 3. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party, which may include the opinions of other appraisers retained by a party.F\n\nAfter a hearing under subsection E, but before considering the merits of the partition action, the court shall enter an order determining the fair market value of the property.","order_by":null,"text":{"0":{"id":201361,"text":"Except as otherwise provided in subsections B and C, the court in every partition action shall order an appraisal pursuant to subsection D, and such appraisal shall inform the court’s determination of fair market value under subsection F. The expense of the appraisal shall be advanced by the plaintiff, and such other parties as the court may determine in its discretion, and taxed as costs so that such expenses will be shared by the parties to the extent of their respective interest in the property.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201362,"text":"If all parties have agreed to the value of the property or to another method of valuation, the court shall adopt such value or the value produced by the agreed-upon method of valuation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201363,"text":"If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall enter an order to determine the fair market value for the property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201364,"text":"If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the Commonwealth to assist the court in determining the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court and shall, within three business days of such filing, mail a notice of filing to all counsel of record stating:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":201365,"text":"The appraised fair market value of the property;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":201366,"text":"That the appraisal is available at the clerk’s office; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":201367,"text":"That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":201368,"text":"If an appraisal is filed with the court pursuant to subsection D, the court shall conduct a hearing to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party under subsection D, whether or not an objection to the appraisal is filed under subdivision D 3. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party, which may include the opinions of other appraisers retained by a party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"8":{"id":201369,"text":"After a hearing under subsection E, but before considering the merits of the partition action, the court shall enter an order determining the fair market value of the property.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13817,"edition_id":1,"name":"Partition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:58","date_modified":"2026-06-26 03:45:58","permalink":{"id":281057,"object_type":"structure","relational_id":13817,"identifier":"9","token":"8.01\/3\/9","url":"\/8.01\/3\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57523,"structure_id":13817,"section_number":"8.01-81","catch_line":"Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together","url":"\/8.01-81\/","token":"8.01\/3\/9\/8.01-81","metadata":false},{"id":54890,"structure_id":13817,"section_number":"8.01-81.1","catch_line":"Determination of value","url":"\/8.01-81.1\/","token":"8.01\/3\/9\/8.01-81.1","metadata":false},{"id":78896,"structure_id":13817,"section_number":"8.01-82","catch_line":"Repealed","url":"\/8.01-82\/","token":"8.01\/3\/9\/8.01-82","metadata":false},{"id":85486,"structure_id":13817,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","url":"\/8.01-83\/","token":"8.01\/3\/9\/8.01-83","metadata":false},{"id":60357,"structure_id":13817,"section_number":"8.01-83.1","catch_line":"Open-market sale, sealed bids, or auction","url":"\/8.01-83.1\/","token":"8.01\/3\/9\/8.01-83.1","metadata":false},{"id":78172,"structure_id":13817,"section_number":"8.01-83.2","catch_line":"Notice by posting","url":"\/8.01-83.2\/","token":"8.01\/3\/9\/8.01-83.2","metadata":false},{"id":76705,"structure_id":13817,"section_number":"8.01-83.3","catch_line":"Commissioners","url":"\/8.01-83.3\/","token":"8.01\/3\/9\/8.01-83.3","metadata":false},{"id":77947,"structure_id":13817,"section_number":"8.01-84","catch_line":"Application of proceeds of sale to payment of lien","url":"\/8.01-84\/","token":"8.01\/3\/9\/8.01-84","metadata":false},{"id":55727,"structure_id":13817,"section_number":"8.01-85","catch_line":"Disposition of share in proceeds of person under disability","url":"\/8.01-85\/","token":"8.01\/3\/9\/8.01-85","metadata":false},{"id":55815,"structure_id":13817,"section_number":"8.01-86","catch_line":"Repealed","url":"\/8.01-86\/","token":"8.01\/3\/9\/8.01-86","metadata":false},{"id":54823,"structure_id":13817,"section_number":"8.01-87","catch_line":"Validation of certain partitions prior to act of 1922","url":"\/8.01-87\/","token":"8.01\/3\/9\/8.01-87","metadata":false},{"id":66223,"structure_id":13817,"section_number":"8.01-88","catch_line":"Decree of partition to vest legal title","url":"\/8.01-88\/","token":"8.01\/3\/9\/8.01-88","metadata":false},{"id":72110,"structure_id":13817,"section_number":"8.01-89","catch_line":"When proceeds of sale deemed personal estate","url":"\/8.01-89\/","token":"8.01\/3\/9\/8.01-89","metadata":false},{"id":73016,"structure_id":13817,"section_number":"8.01-90","catch_line":"When name or share of parties unknown","url":"\/8.01-90\/","token":"8.01\/3\/9\/8.01-90","metadata":false},{"id":78724,"structure_id":13817,"section_number":"8.01-91","catch_line":"Effect of partition or sale on lessee's rights","url":"\/8.01-91\/","token":"8.01\/3\/9\/8.01-91","metadata":false},{"id":61817,"structure_id":13817,"section_number":"8.01-92","catch_line":"Allowance of attorney fees out of unrepresented shares","url":"\/8.01-92\/","token":"8.01\/3\/9\/8.01-92","metadata":false},{"id":65032,"structure_id":13817,"section_number":"8.01-93","catch_line":"Partition of goods, etc., by sale, if necessary","url":"\/8.01-93\/","token":"8.01\/3\/9\/8.01-93","metadata":false}],"previous_section":{"id":57523,"structure_id":13817,"section_number":"8.01-81","catch_line":"Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together","url":"\/8.01-81\/","token":"8.01\/3\/9\/8.01-81","metadata":false},"next_section":{"id":78896,"structure_id":13817,"section_number":"8.01-82","catch_line":"Repealed","url":"\/8.01-82\/","token":"8.01\/3\/9\/8.01-82","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-81.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 115<\/a> and 193<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2023, chapter 333<\/a>.<\/p>","references":[{"id":85486,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","order_by":null,"url":"\/8.01-83\/"}],"refers_to":false,"permalink":{"id":281063,"object_type":"law","relational_id":54890,"identifier":"8.01-81.1","token":"8.01\/3\/9\/8.01-81.1","url":"\/8.01-81.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-81.1\/","token":"8.01\/3\/9\/8.01-81.1","dublin_core":{"Title":"Determination of value","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-81.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsections B and C, the court<\/span> in every partition<\/span> action<\/span> shall order<\/span> an appraisal pursuant to subsection D, and such appraisal shall inform the court<\/span>’s determination of fair market value under subsection F. The expense of the appraisal shall be advanced by the plaintiff<\/span>, and such other parties as the court<\/span> may determine in its discretion, and taxed as costs so that such expenses will be shared by the parties to the extent of their respective interest in the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If all parties have agreed to the value of the property or to another method of valuation, the court<\/span> shall adopt such value or the value produced by the agreed-upon method of valuation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court<\/span>, after an evidentiary hearing<\/span>, shall enter an order<\/span> to determine the fair market value for the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the court orders<\/span> an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the Commonwealth to assist the court in determining the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court and shall, within three business days of such filing, mail a notice of filing to all counsel<\/span> of record stating: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The appraised fair market value of the property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the appraisal is available at the clerk’s office; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That a party<\/span> may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an appraisal is filed with the court pursuant to subsection D, the court shall conduct a hearing<\/span> to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party<\/span> under subsection D, whether or not an objection to the appraisal is filed under subdivision D 3. In addition to the court-ordered appraisal, the court may consider any other evidence<\/span> of value offered by a party<\/span>, which may include the opinions<\/span> of other appraisers retained by a party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> After a hearing<\/span> under subsection E, but before considering the merits of the partition<\/span> action<\/span>, the court shall enter an order<\/span> determining the fair market value of the property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF VALUE (\u00a7 8.01-81.1)\n\nA. Except as otherwise provided in subsections B and C, the court in every\npartition action shall order an appraisal pursuant to subsection D, and such\nappraisal shall inform the court’s determination of fair market value\nunder subsection F. The expense of the appraisal shall be advanced by the\nplaintiff, and such other parties as the court may determine in its discretion,\nand taxed as costs so that such expenses will be shared by the parties to the\nextent of their respective interest in the property.\n\nB. If all parties have agreed to the value of the property or to another method\nof valuation, the court shall adopt such value or the value produced by the\nagreed-upon method of valuation.\n\nC. If the court determines that the evidentiary value of an appraisal is\noutweighed by the cost of the appraisal, the court, after an evidentiary\nhearing, shall enter an order to determine the fair market value for the\nproperty.\n\nD. If the court orders an appraisal, the court shall appoint a disinterested\nreal estate appraiser licensed in the Commonwealth to assist the court in\ndetermining the fair market value of the property assuming sole ownership of the\nfee simple estate. Upon completion of the appraisal, the appraiser shall file a\nsworn or verified appraisal with the court and shall, within three business days\nof such filing, mail a notice of filing to all counsel of record stating:\n\n 1. The appraised fair market value of the property;\n\n 2. That the appraisal is available at the clerk’s office; and\n\n 3. That a party may file with the court an objection to the appraisal not\n later than 30 days after the notice is sent, stating the grounds for the\n objection.\n\nE. If an appraisal is filed with the court pursuant to subsection D, the court\nshall conduct a hearing to determine the fair market value of the property not\nsooner than 31 days after a copy of the notice of the appraisal is sent to each\nparty under subsection D, whether or not an objection to the appraisal is filed\nunder subdivision D 3. In addition to the court-ordered appraisal, the court may\nconsider any other evidence of value offered by a party, which may include the\nopinions of other appraisers retained by a party.\n\nF. After a hearing under subsection E, but before considering the merits of the\npartition action, the court shall enter an order determining the fair market\nvalue of the property.\n\nHISTORY: 2020, cc. 115, 193; 2023, c. 333.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}