A decree heretofore or hereafter made, confirming any partition or allotment in a suit for partition, shall vest in the respective co-owners, between or to whom the partition or allotment is made, the title to their shares under the partition or allotment, in like manner and to the same extent, as if such decree direct such title be conveyed to them and the conveyance was made accordingly.
§ 8.01-88.Decree of partition to vest legal title.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-88 provides that a decree confirming a partition or allotment vests legal title in each co-owner’s allotted share automatically, with the same effect as if the decree had directed a deed of conveyance and that conveyance had been made.
Full Text of § 8.01-88
Plain-English Summary
This section removes an extra step that might otherwise be needed after a partition concludes. Once a decree confirms a partition or allotment, the co-owners between or to whom the property was divided receive legal title to their respective shares directly from that decree.
The effect is the same as if the decree had ordered a deed conveying title and that conveyance had taken place — no separate deed is required to complete the transfer, and the rule applies to decrees entered before or after the section’s enactment alike.
Frequently Asked Questions
Does a party need a separate deed after a partition decree to get title to their share?
No. The decree confirming the partition or allotment vests legal title in the party’s share, with the same effect as if a deed had been ordered and executed.
When does title transfer to each co-owner’s share?
Upon confirmation of the partition or allotment by decree — title vests at that point, not at some later formal conveyance.
Does this rule apply to partition decrees entered years ago?
Yes. The section covers a decree “heretofore or hereafter made,” reaching both past and future partition and allotment decrees.
What kind of proceeding does this section cover?
Any suit for partition in which the court confirms a partition or an allotment among the co-owners.
Does the decree need to say anything specific about conveying title?
No. The statute gives the confirming decree this vesting effect automatically, “in like manner and to the same extent” as if it had directed title be conveyed, regardless of whether the decree used that language.
Amendment History
Code 1950, § 8-698; 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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