The court making an order for sale shall, if a party to the sale be a person under a disability, order any dividend of the sale to be disposed as the proceeds of a sale under the provisions of § 8.01-76 are required to be invested.
§ 8.01-85.Disposition of share in proceeds of person under disability.
Chapter 3. Actions · Article 9. Partition · Last amended 2018 · Last verified July 16, 2026
In one sentenceSection 8.01-85 requires a court ordering a partition sale to handle the share of any party who is a person under a disability the same way § 8.01-76 requires proceeds of an Article 8 sale to be invested.
Full Text of § 8.01-85
Plain-English Summary
This section connects the partition provisions of Article 9 back to Article 8’s investment rules. When a party to a partition sale is a person under a disability, the court entering the sale order must direct that party’s dividend of the proceeds to be handled the same way § 8.01-76 requires for proceeds from an Article 8 sale — invested under court supervision, secured, and applied for that person’s benefit.
By cross-referencing § 8.01-76 rather than restating its terms, this section keeps a single set of investment and disbursement rules governing a disabled person’s share of sale proceeds, whether those proceeds came from a sale under Article 8 or a partition sale under Article 9.
Frequently Asked Questions
What happens to a disabled person’s share of partition sale proceeds?
The court must order that share disposed of the same way § 8.01-76 requires proceeds from an Article 8 sale to be invested — under court direction, with ample security, for that person’s benefit.
Does this apply automatically, or does someone have to request it?
The statute directs that the court “shall” order the disposition this way whenever a party to the sale is a person under a disability, making it a required step rather than a discretionary one.
Why does this section point to § 8.01-76 instead of setting its own rules?
To keep the investment and disbursement rules consistent, so a disabled person’s share of proceeds is handled the same way regardless of whether it came from a sale under Article 8 or a partition sale under Article 9.
Does this section apply to every party in a partition sale?
No. It applies only to the share belonging to a party who is a person under a disability, as that term is defined for this chapter.
What options does the court have for handling those funds?
The same options § 8.01-76 provides — investment under court supervision, payment to a bonded fiduciary, direct application to the person’s needs, or, for smaller amounts, payment to an appropriate person without a fiduciary.
Amendment History
Code 1950, § 8-694; 1952, c. 249; 1968, c. 381; 1977, c. 617; 2018, c. 124.
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: disabled person's share of partition proceeds virginia8.01-85 virginiainvesting partition proceeds for person under disability virginia8.01-76 partition sale connection virginia