{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-81.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-81.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-81.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-81.html"}],"law_id":57523,"edition_id":1,"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","history":"Code 1950, \u00a7 8-690; 1964, c. 167; 1968, c. 412; 1977, c. 617; 1984, c. 226; 2020, cc. 115, 193; 2023, c. 333.","full_text":"A\n\nTenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction has jurisdiction in cases of partition, and in the exercise of such jurisdiction, shall order partition in kind if the real property in question is susceptible to a practicable division and may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners, and lien creditors.\n\t\t\tAny two or more of the parties, if they so elect, may have their shares laid off together when partition can be conveniently made in that way. If the court orders partition in kind, the court may require that one or more parties pay one or more parties’ amounts so that the payments, taken together with the court-determined value of the in-kind distributions to the parties, will make the partition in kind just and proportionate in value to the fractional interests held. If the court orders partition in kind, the court shall allocate to the parties that are unknown, unlocatable, or the subject of a default judgment a part of the property representing the combined interests of such parties as determined by the court, and such part of the property shall remain undivided.B\n\nIf the court orders partition in kind, it shall consider:1\n\nEvidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party;2\n\nA party’s sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party;3\n\nThe lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property;4\n\nThe degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and5\n\nAny other relevant factor.C\n\nAll partitions of mineral rights heretofore had are hereby validated.D\n\nUnless displaced by a provision of this article, the established principles of Virginia partition law supplement this article.","order_by":null,"text":{"0":{"id":210757,"text":"Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction has jurisdiction in cases of partition, and in the exercise of such jurisdiction, shall order partition in kind if the real property in question is susceptible to a practicable division and may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners, and lien creditors.\n\t\t\tAny two or more of the parties, if they so elect, may have their shares laid off together when partition can be conveniently made in that way. If the court orders partition in kind, the court may require that one or more parties pay one or more parties’ amounts so that the payments, taken together with the court-determined value of the in-kind distributions to the parties, will make the partition in kind just and proportionate in value to the fractional interests held. If the court orders partition in kind, the court shall allocate to the parties that are unknown, unlocatable, or the subject of a default judgment a part of the property representing the combined interests of such parties as determined by the court, and such part of the property shall remain undivided.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210758,"text":"If the court orders partition in kind, it shall consider:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":210759,"text":"Evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":210760,"text":"A party’s sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":210761,"text":"The lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":210762,"text":"The degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":210763,"text":"Any other relevant factor.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":210764,"text":"All partitions of mineral rights heretofore had are hereby validated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":210765,"text":"Unless displaced by a provision of this article, the established principles of Virginia partition law supplement this article.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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}],"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-81\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. 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. Those modifications are as follows: in 1964, chapter 167; in 1968, chapter 412; in 1977, chapter 617; in 1984, chapter 226; in 2020, chapters 115<\/a> and 193<\/a>; in 2023, chapter 333<\/a>.<\/p>","references":[{"id":78787,"section_number":"56-90.1","catch_line":"Sale of utility assets or undivided fractional interest therein; taxation","order_by":null,"url":"\/56-90.1\/"},{"id":56069,"section_number":"8.01-268","catch_line":"When and how docketed and indexed","order_by":null,"url":"\/8.01-268\/"},{"id":79794,"section_number":"8.01-77","catch_line":"What proceeds of sale to pass as real estate","order_by":null,"url":"\/8.01-77\/"}],"refers_to":false,"permalink":{"id":281059,"object_type":"law","relational_id":57523,"identifier":"8.01-81","token":"8.01\/3\/9\/8.01-81","url":"\/8.01-81\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-81\/","token":"8.01\/3\/9\/8.01-81","dublin_core":{"Title":"Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-81","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition<\/span> and may compel partition<\/span>, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien<\/span> creditor<\/span> or any owner of undivided estate in real estate may also compel partition<\/span> for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien<\/span>. Any court having general equity<\/span> jurisdiction<\/span> has jurisdiction<\/span> in cases of partition<\/span>, and in the exercise of such jurisdiction<\/span>, shall order<\/span> partition<\/span> in kind if the real property in question is susceptible to a practicable division and may take cognizance of all questions of law<\/span> affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners, and lien<\/span> creditors<\/span>.\n\t\t\tAny two or more of the parties, if they so elect, may have their shares laid off together when partition<\/span> can be conveniently made in that way. If the court orders<\/span> partition<\/span> in kind, the court may require that one or more parties pay one or more parties’ amounts so that the payments, taken together with the court-determined value of the in-kind distributions to the parties, will make the partition<\/span> in kind just and proportionate in value to the fractional interests held. If the court orders<\/span> partition<\/span> in kind, the court shall allocate to the parties that are unknown, unlocatable, or the subject of a default judgment<\/span> a part of the property representing the combined interests of such parties as determined by the court, and such part of the property shall remain undivided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court orders<\/span> partition<\/span> in kind, it shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Evidence<\/span> of the collective duration of ownership or possession<\/span> of any portion of the property by a party<\/span> and one or more predecessors in title or predecessors in possession<\/span> of the property who are or were related to the party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A party<\/span>’s sentimental attachment<\/span> to any portion of the property, including any attachment<\/span> arising because such portion of the property has ancestral or other unique or special value to the party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The lawful use being made of any portion of the property by a party<\/span> and the degree to which the party<\/span> would be harmed if the party<\/span> could not continue the same use of such portion of the property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The degree to which a party<\/span> has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any other relevant factor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All partitions<\/span> of mineral rights heretofore had are hereby validated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless displaced by a provision of this article, the established principles of Virginia partition<\/span> law<\/span> supplement this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHO MAY COMPEL PARTITION OF LAND; JURISDICTION; VALIDATION OF CERTAIN PARTITIONS\nOF MINERAL RIGHTS; WHEN SHARES OF TWO OR MORE LAID OFF TOGETHER (\u00a7 8.01-81)\n\nA. Tenants in common, joint tenants, executors with the power to sell, and\ncoparceners of real property, including mineral rights east and south of the\nClinch River, shall be compellable to make partition and may compel partition,\nbut in the case of an executor only if the power of sale is properly exercisable\nat that time under the circumstances; and a lien creditor or any owner of\nundivided estate in real estate may also compel partition for the purpose of\nsubjecting the estate of his debtor or the rents and profits thereof to the\nsatisfaction of his lien. Any court having general equity jurisdiction has\njurisdiction in cases of partition, and in the exercise of such jurisdiction,\nshall order partition in kind if the real property in question is susceptible to\na practicable division and may take cognizance of all questions of law affecting\nthe legal title that may arise in any proceedings, between such tenants in\ncommon, joint tenants, executors with the power to sell, coparceners, and lien\ncreditors.\n\t\t\tAny two or more of the parties, if they so elect, may have their shares laid\noff together when partition can be conveniently made in that way. If the court\norders partition in kind, the court may require that one or more parties pay one\nor more parties’ amounts so that the payments, taken together with the\ncourt-determined value of the in-kind distributions to the parties, will make\nthe partition in kind just and proportionate in value to the fractional\ninterests held. If the court orders partition in kind, the court shall allocate\nto the parties that are unknown, unlocatable, or the subject of a default\njudgment a part of the property representing the combined interests of such\nparties as determined by the court, and such part of the property shall remain\nundivided.\n\nB. If the court orders partition in kind, it shall consider:\n\n 1. Evidence of the collective duration of ownership or possession of any\n portion of the property by a party and one or more predecessors in title or\n predecessors in possession of the property who are or were related to the\n party;\n\n 2. A party’s sentimental attachment to any portion of the property,\n including any attachment arising because such portion of the property has\n ancestral or other unique or special value to the party;\n\n 3. The lawful use being made of any portion of the property by a party and the\n degree to which the party would be harmed if the party could not continue the\n same use of such portion of the property;\n\n 4. The degree to which a party has contributed to the physical improvement,\n maintenance, or upkeep of any portion of the property; and\n\n 5. Any other relevant factor.\n\nC. All partitions of mineral rights heretofore had are hereby validated.\n\nD. Unless displaced by a provision of this article, the established principles\nof Virginia partition law supplement this article.\n\nHISTORY: Code 1950, \u00a7 8-690; 1964, c. 167; 1968, c. 412; 1977, c. 617; 1984, c.\n226; 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}}