An accounting in equity may be had against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.
§ 8.01-31.Accounting in equity.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-31 allows an equitable accounting action against any fiduciary, and lets one joint tenant, tenant in common, or coparcener sue a co-owner, or that co-owner’s personal representative, who collected more than their fair share of shared property.
Full Text of § 8.01-31
Plain-English Summary
Section 8.01-31 makes an accounting in equity available against any fiduciary — a remedy that forces someone holding money or property for another’s benefit to open the books and account for what came in and what went out.
The same remedy is available in a narrower, co-ownership setting: one joint tenant, tenant in common, or coparcener may bring an accounting against a co-owner who received more than his just share or proportion of property they hold together — rents collected, profits earned, or other returns that should have been divided among all the owners. If that co-owner has since died, the action may be brought against the co-owner’s personal representative instead.
Frequently Asked Questions
Who can be sued for an accounting in equity under Section 8.01-31?
Any fiduciary, or a co-owner — a joint tenant, tenant in common, or coparcener — who received more than his just share or proportion of jointly held property.
What if the co-owner who received the excess has died?
The accounting action may be brought against that co-owner’s personal representative instead.
What is a coparcener?
A coparcener is a co-owner who inherited an undivided share of property jointly with others, holding a position similar to a joint tenant or a tenant in common.
Does this section apply if a co-owner received exactly their fair share?
No. The remedy targets a co-owner or fiduciary who received more than their just share or proportion — it doesn’t apply when everyone received their proper portion.
Is an accounting under this section a legal or equitable action?
Equitable. The statute expressly frames the remedy as “an accounting in equity,” which proceeds under equitable rather than legal principles.
Amendment History
Code 1950, § 8-514.1; 1956, c. 160; 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
Also known as: accounting in equity Virginiafiduciary accounting lawsuit Virginiatenant in common excess rents Virginia8.01-31 Virginia codecoparcener accounting Virginiaco-owner accounting action Virginia