When an equal division of goods or chattels cannot be made in kind among those entitled, a court of equity may direct the sale of the same, and the distribution of the proceeds according to the rights of the parties.
§ 8.01-93.Partition of goods, etc., by sale, if necessary.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-93 lets a court of equity order the sale of goods or chattels that cannot be equally divided in kind among their owners, distributing the sale proceeds according to each owner’s rights.
Full Text of § 8.01-93
Plain-English Summary
This section extends partition principles beyond real estate to personal property. When goods or chattels held by multiple owners cannot be divided equally among them in kind, a court of equity may order a sale instead.
Once sold, the proceeds are distributed according to the rights of the parties — the same underlying goal as a real estate partition, achieved through liquidation rather than physical division, because chattels often cannot be split the way land can.
Frequently Asked Questions
Can co-owned personal property be partitioned the way real estate can?
Section 8.01-93 provides a version of that remedy: when goods or chattels cannot be divided equally in kind, a court of equity may order them sold instead and the proceeds distributed.
What happens to the money after the sale?
It is distributed according to the rights of the parties who owned the goods or chattels.
Does this section require the court to try dividing the goods physically first?
The section applies when an equal division in kind “cannot be made” — implying the court considers whether physical division is possible before ordering a sale.
What kind of property does this section cover?
Goods or chattels — personal property — as distinguished from the real estate covered by the rest of Article 9.
Who orders this kind of sale?
A court of equity, exercising the same kind of authority it uses to order partition sales of real estate under other sections of this article.
Amendment History
Code 1950, § 8-702; 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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