Tenants in common may join or be joined as plaintiffs or defendants.
§ 8.01-10.Joinder of tenants in common.
Chapter 2. Parties · Article 2. Special Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-10 allows tenants in common to join together, or be joined together, as plaintiffs or defendants in a single action.
Full Text of § 8.01-10
Plain-English Summary
Tenants in common each own an undivided share of the same property, without the survivorship rights that come with a joint tenancy. Section 8.01-10 lets those co-owners act together in litigation rather than requiring each one to bring or defend a separate suit over the same property interest. They may join as plaintiffs, or be joined as defendants, in one action.
The section is permissive rather than mandatory — it says tenants in common “may” join, not that they must. It gives litigants and courts the option to resolve a shared property dispute in a single case instead of splitting it into as many suits as there are co-tenants.
Frequently Asked Questions
Can co-owners who hold property as tenants in common sue together in Virginia?
Yes. Section 8.01-10 allows tenants in common to join as plaintiffs in a single action.
Can tenants in common be sued together as defendants?
Yes. Section 8.01-10 allows them to be joined as defendants as well as plaintiffs.
Does this section require tenants in common to sue jointly?
No. Section 8.01-10 uses permissive language — tenants in common “may” join or be joined — rather than requiring it.
Why does this rule matter for a property dispute involving several co-owners?
It avoids the need for separate lawsuits over the same property interest, letting co-owners resolve a shared dispute in one action.
Does Section 8.01-10 apply to joint tenants as well as tenants in common?
By its text, the section addresses tenants in common specifically.
Amendment History
Code 1950, § 8-90; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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