§ 8.01-81.Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together.
Chapter 3. Actions · Article 9. Partition · Last amended 2023 · Last verified July 16, 2026
In one sentenceSection 8.01-81 identifies who can compel partition of co-owned real property — tenants in common, joint tenants, executors with a sellable power, coparceners, and lien creditors — gives equity courts jurisdiction over partition actions, requires partition in kind when practicable, and lists the factors a court weighs when dividing property in kind.
A.Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction has jurisdiction in cases of partition, and in the exercise of such jurisdiction, shall order partition in kind if the real property in question is susceptible to a practicable division and may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners, and lien creditors.
Any two or more of the parties, if they so elect, may have their shares laid off together when partition can be conveniently made in that way. If the court orders partition in kind, the court may require that one or more parties pay one or more parties' amounts so that the payments, taken together with the court-determined value of the in-kind distributions to the parties, will make the partition in kind just and proportionate in value to the fractional interests held. If the court orders partition in kind, the court shall allocate to the parties that are unknown, unlocatable, or the subject of a default judgment a part of the property representing the combined interests of such parties as determined by the court, and such part of the property shall remain undivided.
B.If the court orders partition in kind, it shall consider:
1.Evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party;
2.A party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party;
3.The lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property;
4.The degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and
5.Any other relevant factor.
C.All partitions of mineral rights heretofore had are hereby validated.
D.Unless displaced by a provision of this article, the established principles of Virginia partition law supplement this article.
Plain-English Summary
This section opens Article 9 by setting who has standing to force a partition and how far a court’s authority reaches. Tenants in common, joint tenants, executors holding a currently exercisable power of sale, and coparceners of real property — including certain mineral rights — can both compel and be compelled to partition. A lien creditor, or anyone owning an undivided estate in the land, can compel partition too, in order to subject a debtor’s share, or the rents and profits from it, to the lien. Courts with general equity jurisdiction hear these cases, must order partition in kind whenever the property can be divided in a practicable way, and may resolve any legal-title questions that arise between the parties along the way.
Parties who prefer it may elect to have their shares laid off together rather than in strictly separate parcels, when that is convenient. When the court orders partition in kind, it can require owelty — payments from one party to another — so that the combination of in-kind shares and money payments keeps the division proportionate to each party’s fractional interest. And where some interested parties are unknown, unlocatable, or in default, the court sets aside a portion of the property representing their combined interests and leaves it undivided rather than guessing at how to divide their shares.
Subsection B lists five factors the court weighs whenever it orders partition in kind: how long a party, together with related predecessors in title or possession, has owned or possessed any part of the property; the party’s sentimental attachment to any part of it, including ancestral or other special value; the lawful use a party is making of any part and the harm from losing that use; how much a party has contributed to improving, maintaining, or keeping up any part; and any other relevant factor. Subsection C validates mineral-rights partitions already completed, and subsection D makes clear that established Virginia partition-law principles fill in any gaps this article leaves open.
Frequently Asked Questions
Who has the right to force a partition of co-owned land in Virginia?
Tenants in common, joint tenants, executors holding a currently exercisable power of sale, and coparceners of real property, including certain mineral rights. A lien creditor or an owner of an undivided estate may also compel partition to reach a debtor’s share or its rents and profits.
Does the court have to divide the property physically, or can it order a sale instead?
Section 8.01-81 requires the court to order partition in kind when the property is susceptible to a practicable division. Sale in lieu of partition is governed separately by § 8.01-83, which applies once in-kind division is not practicable.
What factors does the court weigh when dividing property in kind?
The collective duration of ownership or possession by a party and related predecessors, the party’s sentimental attachment to any portion, the lawful use a party is making of the property and the harm from losing it, the party’s contribution to improvement and upkeep, and any other relevant factor.
What happens if some owners can’t be found or don’t respond?
The court allocates to unknown, unlocatable, or defaulted parties a portion of the property representing their combined interests, and that portion remains undivided rather than being split among the other owners.
Can co-owners choose to have their shares divided together instead of separately?
Yes. Any two or more parties may elect to have their shares laid off together when partition can conveniently be made that way.
Amendment History
Code 1950, § 8-690; 1964, c. 167; 1968, c. 412; 1977, c. 617; 1984, c. 226; 2020, cc. 115, 193; 2023, c. 333.
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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