RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-113.When title of purchaser at judicial sale not to be disturbed.

Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 2025 · Last verified July 16, 2026

In one sentenceSection 8.01-113 protects a confirmed judicial-sale purchaser’s title from being disturbed after twelve months unless the sale is set aside by the trial court or on appeal within that time, sets a separate divorce-sale timeline tied to Section 8.01-675.3, and preserves any right to restitution of proceeds.

Full Text of § 8.01-113

Text size

If a sale of property is made under a decree of a court, and such sale is confirmed, the title of the purchaser at such sale shall not be disturbed unless within 12 months from such confirmation the sale is set aside by the trial court or an appeal is taken to the Court of Appeals or allowed by the Supreme Court, and a decree is therein afterwards entered requiring such sale to be set aside. If a sale of property is made under a decree of a court pursuant to a divorce and such sale is confirmed, the title of the purchaser at such sale shall not be disturbed unless appealed within the time allowed by § 8.01-675.3 and, pursuant to the appeal, the sale is set aside by the trial court and a decree is therein afterwards entered requiring such sale to be set aside. This limitation shall not affect any right of restitution of the proceeds of sale.

Plain-English Summary

Section 8.01-113 gives finality to a title bought at a confirmed judicial sale. Once a court confirms a property sale made under its decree, the purchaser’s title is protected from later challenge unless, within twelve months of the confirmation, either the trial court sets the sale aside, or an appeal is taken to the Court of Appeals — or allowed by the Supreme Court — and a decree later comes down requiring the sale to be set aside.

The section carves out a separate timeline for sales made under a divorce decree. There, the purchaser’s title stays protected unless a party appeals within the time Section 8.01-675.3 allows and, following that appeal, the trial court sets the sale aside and enters a decree to that effect.

Either way, this limitation on disturbing title does not cut off a different remedy: it does not affect any right to restitution of the sale proceeds. A person wronged by a sale that is later set aside may still recover the money, even after the window for attacking the title itself has closed.

Frequently Asked Questions

How long after confirmation can a purchaser’s title at a Virginia judicial sale be challenged?

Twelve months from confirmation, unless the trial court sets the sale aside within that period or an appeal is taken, and later succeeds, within that period.

Does an appeal alone disturb the purchaser’s title?

No. The appeal must be taken, or allowed by the Supreme Court, within the twelve months, and a decree must later be entered requiring the sale to be set aside.

Is the timeline different for a sale made under a divorce decree?

Yes. For divorce-related sales, the title stays protected unless the sale is appealed within the time Section 8.01-675.3 allows and the trial court later sets it aside on that appeal.

If the sale is set aside after the deadline, can the wronged party still get their money back?

The finality rule for title does not affect the right of restitution of the sale proceeds, so a monetary remedy may still be available.

What courts can set aside a confirmed judicial sale within the protected period?

The trial court itself, or an appellate court — the Court of Appeals, or the Supreme Court where it allows the appeal — through a decree entered within the applicable window.

Amendment History

Code 1950, § 8-673; 1977, c. 617; 1984, c. 703; 2025, c. 574.

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
Also known as: judicial sale title finality virginia8.01-113 virginia codetwelve month challenge judicial sale virginiadivorce sale title virginia appeal