§ 8.01-89.When proceeds of sale deemed personal estate.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-89
Plain-English Summary
This section marks the moment the law treats partition sale proceeds as money rather than land. Once the court confirms a sale made under § 8.01-83, the proceeds are deemed personal estate from that point forward.
The one carve-out runs to § 8.01-77, which keeps proceeds belonging to a person under a disability characterized as real estate for inheritance purposes when that person remains incapable of making a will until death. Outside that situation, confirmation is the dividing line between land and money.
Frequently Asked Questions
When do partition sale proceeds stop being treated as real estate?
From the time the court confirms the sale made under § 8.01-83 — before confirmation, the proceeds are not yet deemed personal estate.
Is there any exception to proceeds converting to personal estate at confirmation?
Yes. Section 8.01-77 preserves the real estate character of proceeds belonging to a person under a disability who remains incapable of making a will until death.
Why does it matter whether proceeds are classified as personal estate or real estate?
Personal estate and real estate can pass to different people under the law of descent and distribution, and can be administered differently, so the classification affects who ultimately receives the money.
Does this section apply to every kind of Article 8 or Article 9 sale?
It specifically addresses sales “made under § 8.01-83,” the partition-sale provision, rather than every disposition covered elsewhere in Article 8 or Article 9.
What happens to the proceeds before the sale is confirmed?
The section does not classify them as personal estate until confirmation, leaving that earlier period governed by whatever character the underlying property held.
Amendment History
Code 1950, § 8-699; 1977, c. 617.