No real estate shall be sold until all other property and money subject to the attachment have been exhausted, and then only so much thereof as is necessary to pay the judgment. Upon a sale of real estate, under an attachment the court shall have the same powers and jurisdiction, and like proceedings thereon may be had, as if it were a sale of real estate by a court of equity exercising general equity powers.
§ 8.01-572.Sale of real estate attached.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceReal estate caught up in an attachment cannot be sold until every other kind of attached property and money has been used up, and even then only enough of it may be sold to pay the judgment, with the court exercising the same powers over the sale that a court of equity would exercise.
Full Text of § 8.01-572
Plain-English Summary
Selling a home or land is a heavier consequence than selling movable goods, so this section makes real estate the last resort in an attachment case. No real estate may be sold until every other kind of property and money subject to the attachment has been exhausted first, and even then, only as much of the real estate as is necessary to pay the judgment can be sold — not the whole parcel if a portion will do.
When a sale of real estate does become necessary, the court does not improvise the process. It exercises the same powers and jurisdiction, and follows proceedings, that a court of equity with general equity powers would use in selling real estate — borrowing a well-established framework rather than inventing a separate one for attachment cases.
Frequently Asked Questions
When can real estate subject to an attachment be sold?
Only after all other property and money subject to the attachment have been exhausted.
How much real estate can be sold once that point is reached?
Only so much as is necessary to pay the judgment.
What legal framework governs the sale of attached real estate?
The court has the same powers and jurisdiction, and like proceedings may be had, as if it were a sale of real estate by a court of equity exercising general equity powers.
Does this section allow the sale of an entire property even if only part of it is needed?
No. It limits the sale to only so much of the real estate as is necessary to satisfy the judgment.
Why does the statute treat real estate differently from other attached property?
By requiring other property and money to be exhausted first, the statute reserves the sale of real estate as a last resort within the attachment proceeding.
Amendment History
Code 1950, § 8-559; 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: sale of real estate attachment virginiawhen can attached real estate be soldequity powers sale attached land virginia