If the action be by one or more tenants in common, joint tenants or coparceners against their cotenants, the plaintiff shall be bound to prove actual ouster or some other act amounting to total denial of the plaintiff's right as cotenant.
§ 8.01-141.When action by cotenants, etc., against cotenants, what plaintiff to prove.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-141 requires a tenant in common, joint tenant, or coparcener suing a cotenant in ejectment to prove an actual ouster, or some other act that amounts to a total denial of the plaintiff’s rights as a cotenant.
Full Text of § 8.01-141
Plain-English Summary
Section 8.01-141 carves out a heightened proof requirement for suits between cotenants. Ordinary ejectment plaintiffs need only show a right to possession under Section 8.01-139, but a tenant in common, joint tenant, or coparcener suing a fellow cotenant faces a stiffer test.
That plaintiff must prove an actual ouster — or some other act that amounts to a total denial of the plaintiff’s right as a cotenant. Because cotenants are each entitled to possess the whole property, the law will not treat one cotenant’s ordinary use or occupancy as wrongful against another absent proof of that kind of clear, total repudiation.
Frequently Asked Questions
Why does a cotenant suing another cotenant have to prove more than an ordinary ejectment plaintiff?
Because every cotenant already has a right to possess the whole property. Ordinary occupancy by one cotenant is not, by itself, wrongful against the others, so Section 8.01-141 requires proof of an actual ouster or an equivalent act totally denying the plaintiff’s rights.
What counts as an “ouster” between cotenants?
The statute does not define the term precisely, but it requires an act amounting to a total denial of the plaintiff’s right as a cotenant — something beyond mere possession or use of the shared property.
Does this heightened standard apply to joint tenants and coparceners too?
Yes. Section 8.01-141 applies the same proof requirement to actions by tenants in common, joint tenants, or coparceners against their cotenants.
Is proof of actual ouster required in every ejectment case?
No. Section 8.01-139 dispenses with proof of ouster generally. Section 8.01-141 is the exception, applying specifically when the action is between cotenants.
What happens if a cotenant-plaintiff cannot prove an ouster or equivalent act?
Without proof of an actual ouster or an act totally denying the plaintiff’s cotenancy rights, the action against the fellow cotenant does not satisfy the requirement Section 8.01-141 imposes.
Amendment History
Code 1950, § 8-811; 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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