                                 CODE OF VIRGINIA

ALLOTMENT TO ONE OR MORE PARTIES, OR SALE, IN LIEU OF PARTITION (§ 8.01-83)

A. 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
&#xA7; 8.01-83.1.

B. 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 § 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&#8217;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&#8217;s part applied according to the rights of such creditors.

   1. 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.

   2. In the event that multiple parties seek allotment and disputes arise
   concerning such allotment, the court shall consider the following in making
   such allotment:
   				a. 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;
   				b. A party&#8217;s sentimental attachment to the property, including any
   attachment arising because the property has ancestral or other unique or
   special value to the party;
   				c. 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;
   				d. 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
   				e. Any other relevant factor.
   				The court shall not consider any one of the preceding factors to be
   dispositive without weighing the totality of all relevant factors and
   circumstances.

   3. 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 &#xA7;
   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. 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 &#xA7;
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&#8217;s part applied according to the rights of such creditors.

D. 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 &#xA7; 8.01-83.1.

HISTORY: Code 1950, § 8-692; 1950, p. 467; 1977, c. 617; 2020, cc. 115, 193.