In any partition suit when there are unrepresented shares, the court shall allow reasonable fees to the attorney or attorneys bringing the action on account of the services rendered to the parceners unrepresented by counsel of record.
§ 8.01-92.Allowance of attorney fees out of unrepresented shares.
Chapter 3. Actions · Article 9. Partition · Last amended 2023 · Last verified July 16, 2026
In one sentenceSection 8.01-92 requires the court in a partition suit with unrepresented shares to award reasonable fees to the attorney who brought the action, compensating that attorney for services benefiting the coparceners who had no counsel of record.
Full Text of § 8.01-92
Plain-English Summary
This section makes sure the attorney who brings a partition suit gets paid for work that benefits parties who never hired counsel. When a partition suit includes shares that are not represented by their own attorney, the court must allow reasonable fees to the attorney or attorneys who brought the action.
Those fees compensate for services rendered to the unrepresented parceners — recognizing that the plaintiff’s attorney, in litigating the case to a conclusion, necessarily did work that benefited co-owners who contributed nothing toward legal fees of their own.
Frequently Asked Questions
Can the attorney who files a partition suit get paid from shares owned by people who never hired a lawyer?
Yes. When there are unrepresented shares in a partition suit, the court must allow the attorney or attorneys bringing the action reasonable fees for the services rendered to those unrepresented parceners.
Is awarding these fees discretionary with the court?
No. The statute directs that the court “shall allow” reasonable fees, making it a required award rather than one left to the court’s discretion.
What determines the amount of the fee award?
Reasonableness, measured against the services the attorney rendered to the parceners who were not represented by their own counsel of record.
Does this section apply if every party in the case has their own attorney?
No. It applies specifically “when there are unrepresented shares” — parties without counsel of record.
Where do these fees come from?
The section directs the fees to be allowed “out of unrepresented shares,” meaning they are charged against the shares belonging to the parceners who benefited without paying for their own representation.
Amendment History
Code 1950, § 8-701.1; 1950, p. 96; 1977, c. 617; 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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