{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-83.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-83.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-83.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-83.html"}],"law_id":85486,"edition_id":1,"section_id":85486,"structure_id":13817,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","history":"Code 1950, \u00a7 8-692; 1950, p. 467; 1977, c. 617; 2020, cc. 115, 193.","full_text":"A\n\nIf at least one party to a partition action petitions the court for allotment or for a partition sale, the court may order allotment pursuant to this section or, if the court determines allotment is not practicable, a sale pursuant to § 8.01-83.1.B\n\nBefore a court is authorized to allot or sell an undivided interest in a partition action, it shall first determine that partition in kind cannot be practicably made. When the subject land is not susceptible to a practicable division in kind, the court shall next consider an allotment of the entire subject property to any one or more of the parties who will accept it for a price equal to the value determined pursuant to \u00a7 8.01-81.1, and pay therefor to the other parties such sums of money as their interest therein may entitle them to receive, notwithstanding that any of those entitled may be a person with a disability. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. The court shall make distribution of the proceeds of the allotment according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person’s part applied according to the rights of such creditors.1\n\nWhen the court considers allotment, it shall require the party or parties seeking allotment to notify all of the other parties (i) that the property may be allotted to any one or more of them who is willing to accept it and (ii) of the required price.2\n\nIn the event that multiple parties seek allotment and disputes arise concerning such allotment, the court shall consider the following in making such allotment:\n\t\t\t\ta. Evidence of the collective duration of ownership or possession of the property by a party and one or more predecessors in title or predecessors in possession to the party who are or were related to the party or each other;\n\t\t\t\tb. A party’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the party;\n\t\t\t\tc. The lawful use being made 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 the property;\n\t\t\t\td. The degree to which the parties have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and\n\t\t\t\te. Any other relevant factor.\n\t\t\t\tThe court shall not consider any one of the preceding factors to be dispositive without weighing the totality of all relevant factors and circumstances.3\n\nAfter the court determines which party or parties will participate in the allotment, the court shall notify all the parties of its decision and of the amount each party is to pay or receive for its allotted share pursuant to either this subsection or subsection C. The court shall set a date, not sooner than 60 days after notification to the parties, by which each party allotted a share of the property must pay the amount due to the court. If any party allocated a share fails to pay the amount due by the required date the court shall order a sale of the entire subject property pursuant to § 8.01-83.1, unless the court determines, based on the factors in this subsection, that it will allow another party or parties to acquire such share by paying for such share within a reasonable period of time set by the court.C\n\nIf the court determines that such allotment of the entire subject is not practicable or is not equitable, and if the interest of those who are entitled to the subject, or its proceeds, will be promoted by a sale of the entire subject, or allotment of part and sale of the residue, the court, notwithstanding any of those entitled may be a person under a disability, may order such sale, or an allotment pursuant to subsection B of a part thereof to any one or more of the parties who will accept it and pay therefor to the other parties such sums of money as their interest therein may entitle them to, and a sale of the residue. The price for the part of the property allotted to one or more parties shall be the fair market value of such part as determined by the court unless all the parties agree to a value for the part, which the court shall adopt. The sale of the residue shall be conducted pursuant to § 8.01-83.1. The court shall make distribution of the proceeds of the allotment and sale of the residue, according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person’s part applied according to the rights of such creditors.D\n\nIf the court determines neither allotment of the entire subject property nor of a part of the subject property is practicable or equitable, it shall order a sale pursuant to § 8.01-83.1.","order_by":null,"text":{"0":{"id":306244,"text":"If at least one party to a partition action petitions the court for allotment or for a partition sale, the court may order allotment pursuant to this section or, if the court determines allotment is not practicable, a sale pursuant to § 8.01-83.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306245,"text":"Before a court is authorized to allot or sell an undivided interest in a partition action, it shall first determine that partition in kind cannot be practicably made. When the subject land is not susceptible to a practicable division in kind, the court shall next consider an allotment of the entire subject property to any one or more of the parties who will accept it for a price equal to the value determined pursuant to \u00a7 8.01-81.1, and pay therefor to the other parties such sums of money as their interest therein may entitle them to receive, notwithstanding that any of those entitled may be a person with a disability. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. The court shall make distribution of the proceeds of the allotment according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person’s part applied according to the rights of such creditors.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":306246,"text":"When the court considers allotment, it shall require the party or parties seeking allotment to notify all of the other parties (i) that the property may be allotted to any one or more of them who is willing to accept it and (ii) of the required price.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":306247,"text":"In the event that multiple parties seek allotment and disputes arise concerning such allotment, the court shall consider the following in making such allotment:\n\t\t\t\ta. Evidence of the collective duration of ownership or possession of the property by a party and one or more predecessors in title or predecessors in possession to the party who are or were related to the party or each other;\n\t\t\t\tb. A party’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the party;\n\t\t\t\tc. The lawful use being made 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 the property;\n\t\t\t\td. The degree to which the parties have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and\n\t\t\t\te. Any other relevant factor.\n\t\t\t\tThe court shall not consider any one of the preceding factors to be dispositive without weighing the totality of all relevant factors and circumstances.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":306248,"text":"After the court determines which party or parties will participate in the allotment, the court shall notify all the parties of its decision and of the amount each party is to pay or receive for its allotted share pursuant to either this subsection or subsection C. The court shall set a date, not sooner than 60 days after notification to the parties, by which each party allotted a share of the property must pay the amount due to the court. If any party allocated a share fails to pay the amount due by the required date the court shall order a sale of the entire subject property pursuant to § 8.01-83.1, unless the court determines, based on the factors in this subsection, that it will allow another party or parties to acquire such share by paying for such share within a reasonable period of time set by the court.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":306249,"text":"If the court determines that such allotment of the entire subject is not practicable or is not equitable, and if the interest of those who are entitled to the subject, or its proceeds, will be promoted by a sale of the entire subject, or allotment of part and sale of the residue, the court, notwithstanding any of those entitled may be a person under a disability, may order such sale, or an allotment pursuant to subsection B of a part thereof to any one or more of the parties who will accept it and pay therefor to the other parties such sums of money as their interest therein may entitle them to, and a sale of the residue. The price for the part of the property allotted to one or more parties shall be the fair market value of such part as determined by the court unless all the parties agree to a value for the part, which the court shall adopt. The sale of the residue shall be conducted pursuant to § 8.01-83.1. The court shall make distribution of the proceeds of the allotment and sale of the residue, according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person’s part applied according to the rights of such creditors.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":306250,"text":"If the court determines neither allotment of the entire subject property nor of a part of the subject property is practicable or equitable, it shall order a sale pursuant to § 8.01-83.1.","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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-83\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1977, chapter 617; in 2020, chapters 115<\/a> and 193<\/a>.<\/p>","references":[{"id":60357,"section_number":"8.01-83.1","catch_line":"Open-market sale, sealed bids, or auction","order_by":null,"url":"\/8.01-83.1\/"},{"id":72110,"section_number":"8.01-89","catch_line":"When proceeds of sale deemed personal estate","order_by":null,"url":"\/8.01-89\/"}],"refers_to":[{"id":54890,"section_number":"8.01-81.1","catch_line":"Determination of value","order_by":null,"url":"\/8.01-81.1\/"},{"id":60357,"section_number":"8.01-83.1","catch_line":"Open-market sale, sealed bids, or auction","order_by":null,"url":"\/8.01-83.1\/"}],"permalink":{"id":281071,"object_type":"law","relational_id":85486,"identifier":"8.01-83","token":"8.01\/3\/9\/8.01-83","url":"\/8.01-83\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-83\/","token":"8.01\/3\/9\/8.01-83","dublin_core":{"Title":"Allotment to one or more parties, or sale, in lieu of partition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-83","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If at least one party<\/span> to a partition<\/span> action<\/span> petitions<\/span> the court<\/span> for allotment or for a partition<\/span> sale, the court<\/span> may order<\/span> allotment pursuant to this section or, if the court<\/span> determines allotment is not practicable, a sale pursuant to § 8.01-83.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Before a court<\/span> is authorized to allot or sell an undivided interest in a partition<\/span> action<\/span>, it shall first determine that partition<\/span> in kind cannot be practicably made. When the subject land is not susceptible to a practicable division in kind, the court<\/span> shall next consider an allotment of the entire subject property to any one or more of the parties who will accept it for a price equal to the value determined pursuant to \u00a7 8.01-81.1<\/a>, and pay therefor to the other parties such sums of money as their interest therein may entitle them to receive, notwithstanding that any of those entitled may be a person<\/span> with a disability. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. The court<\/span> shall make distribution of the proceeds of the allotment according to the respective rights of those entitled, taking care, when there are creditors<\/span> of any deceased person<\/span> who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person<\/span>’s part applied according to the rights of such creditors<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When the court<\/span> considers allotment, it shall require the party<\/span> or parties seeking allotment to notify all of the other parties (i) that the property may be allotted to any one or more of them who is willing to accept it and (ii) of the required price. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the event that multiple parties seek allotment and disputes arise concerning such allotment, the court<\/span> shall consider the following in making such allotment:\n\t\t\t\ta. Evidence<\/span> of the collective duration of ownership or possession<\/span> of the property by a party<\/span> and one or more predecessors in title or predecessors in possession<\/span> to the party<\/span> who are or were related to the party<\/span> or each other;\n\t\t\t\tb. A party<\/span>’s sentimental attachment<\/span> to the property, including any attachment<\/span> arising because the property has ancestral or other unique or special value to the party<\/span>;\n\t\t\t\tc. The lawful use being made 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 the property;\n\t\t\t\td. The degree to which the parties have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and\n\t\t\t\te. Any other relevant factor.\n\t\t\t\tThe court<\/span> shall not consider any one of the preceding factors to be dispositive without weighing the totality of all relevant factors and circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After the court<\/span> determines which party<\/span> or parties will participate in the allotment, the court<\/span> shall notify all the parties of its decision and of the amount each party<\/span> is to pay or receive for its allotted share pursuant to either this subsection or subsection C. The court<\/span> shall set a date, not sooner than 60 days after notification to the parties, by which each party<\/span> allotted a share of the property must pay the amount due to the court<\/span>. If any party<\/span> allocated a share fails to pay the amount due by the required date the court<\/span> shall order<\/span> a sale of the entire subject property pursuant to § 8.01-83.1<\/a>, unless the court<\/span> determines, based on the factors in this subsection, that it will allow another party<\/span> or parties to acquire such share by paying for such share within a reasonable period of time set by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> determines that such allotment of the entire subject is not practicable or is not equitable<\/span>, and if the interest of those who are entitled to the subject, or its proceeds, will be promoted by a sale of the entire subject, or allotment of part and sale of the residue, the court<\/span>, notwithstanding any of those entitled may be a person<\/span> under a disability, may order<\/span> such sale, or an allotment pursuant to subsection B of a part thereof to any one or more of the parties who will accept it and pay therefor to the other parties such sums of money as their interest therein may entitle them to, and a sale of the residue. The price for the part of the property allotted to one or more parties shall be the fair market value of such part as determined by the court<\/span> unless all the parties agree to a value for the part, which the court<\/span> shall adopt. The sale of the residue shall be conducted pursuant to § 8.01-83.1<\/a>. The court<\/span> shall make distribution of the proceeds of the allotment and sale of the residue, according to the respective rights of those entitled, taking care, when there are creditors<\/span> of any deceased person<\/span> who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person<\/span>’s part applied according to the rights of such creditors<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the court<\/span> determines neither allotment of the entire subject property nor of a part of the subject property is practicable or equitable<\/span>, it shall order<\/span> a sale pursuant to § 8.01-83.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALLOTMENT TO ONE OR MORE PARTIES, OR SALE, IN LIEU OF PARTITION (\u00a7 8.01-83)\n\nA. If at least one party to a partition action petitions the court for allotment\nor for a partition sale, the court may order allotment pursuant to this section\nor, if the court determines allotment is not practicable, a sale pursuant to\n§ 8.01-83.1.\n\nB. Before a court is authorized to allot or sell an undivided interest in a\npartition action, it shall first determine that partition in kind cannot be\npracticably made. When the subject land is not susceptible to a practicable\ndivision in kind, the court shall next consider an allotment of the entire\nsubject property to any one or more of the parties who will accept it for a\nprice equal to the value determined pursuant to \u00a7 8.01-81.1, and pay therefor\nto the other parties such sums of money as their interest therein may entitle\nthem to receive, notwithstanding that any of those entitled may be a person with\na disability. If a purchaser is entitled to a share of the proceeds of the sale,\nthe purchaser is entitled to a credit against the price in an amount equal to\nthe purchaser’s share of the proceeds. The court shall make distribution\nof the proceeds of the allotment according to the respective rights of those\nentitled, taking care, when there are creditors of any deceased person who was a\ntenant in common, joint tenant, or coparcener, to have the proceeds of such\ndeceased person’s part applied according to the rights of such creditors.\n\n 1. When the court considers allotment, it shall require the party or parties\n seeking allotment to notify all of the other parties (i) that the property may\n be allotted to any one or more of them who is willing to accept it and (ii) of\n the required price.\n\n 2. In the event that multiple parties seek allotment and disputes arise\n concerning such allotment, the court shall consider the following in making\n such allotment:\n \t\t\t\ta. Evidence of the collective duration of ownership or possession of the\n property by a party and one or more predecessors in title or predecessors in\n possession to the party who are or were related to the party or each other;\n \t\t\t\tb. A party’s sentimental attachment to the property, including any\n attachment arising because the property has ancestral or other unique or\n special value to the party;\n \t\t\t\tc. The lawful use being made of the property by a party and the degree to\n which the party would be harmed if the party could not continue the same use\n of the property;\n \t\t\t\td. The degree to which the parties have contributed their pro rata share\n of the property taxes, insurance, and other expenses associated with\n maintaining ownership of the property or have contributed to the physical\n improvement, maintenance, or upkeep of the property; and\n \t\t\t\te. Any other relevant factor.\n \t\t\t\tThe court shall not consider any one of the preceding factors to be\n dispositive without weighing the totality of all relevant factors and\n circumstances.\n\n 3. After the court determines which party or parties will participate in the\n allotment, the court shall notify all the parties of its decision and of the\n amount each party is to pay or receive for its allotted share pursuant to\n either this subsection or subsection C. The court shall set a date, not sooner\n than 60 days after notification to the parties, by which each party allotted a\n share of the property must pay the amount due to the court. If any party\n allocated a share fails to pay the amount due by the required date the court\n shall order a sale of the entire subject property pursuant to §\n 8.01-83.1, unless the court determines, based on the factors in this\n subsection, that it will allow another party or parties to acquire such share\n by paying for such share within a reasonable period of time set by the court.\n\nC. If the court determines that such allotment of the entire subject is not\npracticable or is not equitable, and if the interest of those who are entitled\nto the subject, or its proceeds, will be promoted by a sale of the entire\nsubject, or allotment of part and sale of the residue, the court,\nnotwithstanding any of those entitled may be a person under a disability, may\norder such sale, or an allotment pursuant to subsection B of a part thereof to\nany one or more of the parties who will accept it and pay therefor to the other\nparties such sums of money as their interest therein may entitle them to, and a\nsale of the residue. The price for the part of the property allotted to one or\nmore parties shall be the fair market value of such part as determined by the\ncourt unless all the parties agree to a value for the part, which the court\nshall adopt. The sale of the residue shall be conducted pursuant to §\n8.01-83.1. The court shall make distribution of the proceeds of the allotment\nand sale of the residue, according to the respective rights of those entitled,\ntaking care, when there are creditors of any deceased person who was a tenant in\ncommon, joint tenant, or coparcener, to have the proceeds of such deceased\nperson’s part applied according to the rights of such creditors.\n\nD. If the court determines neither allotment of the entire subject property nor\nof a part of the subject property is practicable or equitable, it shall order a\nsale pursuant to § 8.01-83.1.\n\nHISTORY: Code 1950, \u00a7 8-692; 1950, p. 467; 1977, c. 617; 2020, cc. 115, 193.","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}}