If the name or share of any person interested in the subject of the partition be unknown, so much as is known in relation thereto shall be stated in the bill.
§ 8.01-90.When name or share of parties unknown.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-90 requires a partition plaintiff who does not know the name or share of an interested person to state in the bill whatever is known about that person and interest.
Full Text of § 8.01-90
Plain-English Summary
This short section addresses incomplete information at the outset of a partition case. When the plaintiff cannot identify the name of an interested person, or does not know the size of that person’s share, the bill does not have to supply information no one has.
Instead, the plaintiff states in the bill whatever is known about that person or share. The rest of the article’s mechanisms — the guardian ad litem requirement in § 8.01-73, the posting requirement in § 8.01-83.2 — pick up from there to protect interests the plaintiff cannot fully describe.
Frequently Asked Questions
What if the plaintiff doesn’t know the name of someone with an interest in the property?
The bill states so much as is known about that person’s identity and interest, rather than requiring information the plaintiff does not have.
What if the plaintiff knows a person’s identity but not the size of their share?
The same rule applies — the bill states whatever is known about that share, even if it cannot be stated precisely.
Does this section excuse the plaintiff from trying to find unknown parties?
No. It addresses what to put in the bill when information is unavailable; separate provisions, like the order of publication and posting requirements, address notifying parties who cannot be identified or located.
How does the court protect the interests of parties whose names or shares are unknown?
Through mechanisms elsewhere in the article, including the guardian ad litem requirement for parties proceeded against as “parties unknown” and the property-posting requirement when an order of publication is sought.
Does this section apply to every partition case?
It applies specifically to the situation where the name or share of an interested person in the subject of the partition is unknown.
Amendment History
Code 1950, § 8-700; 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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