Virginia SB 553: Partition of property; in partition actions the court shall order an appraisal of property.

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Bill Tracking - 2020 session > Legislation 

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2020 SESSION

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CHAPTER 193 

An Act to amend and reenact �� 8.01-81 and 8.01-83 of the Code 
of Virginia; to amend the Code of Virginia by adding sections numbered 8.01-81.1, 
8.01-83.1, 8.01-83.2, and 8.01-83.3; and to repeal � 8.01-82 of the Code of 
Virginia, relating to partition of property. 

[S 553] 

Approved March 6, 2020 

Be it enacted by the General Assembly of Virginia:

1. That �� 8.01-81 and 8.01-83 of the Code of Virginia are 
amended and reenacted and that the Code of Virginia is amended by adding 
sections numbered 8.01-81.1, 8.01-83.1, 8.01-83.2, and 8.01-83.3 as follows:

� 8.01-81. Who may compel partition of land; jurisdiction; 
validation of certain partitions of mineral rights; when shares of two or more 
laid off together.

Tenants in common, joint tenants, executors with the power to 
sell, and coparceners of real property, including mineral rights east and south 
of the Clinch River, shall be compellable to make partition and may compel 
partition, but in the case of an executor only if the power of sale is properly 
exercisable at that time under the circumstances; and a lien creditor or any 
owner of undivided estate in real estate may also compel partition for the 
purpose of subjecting the estate of his debtor or the rents and profits thereof 
to the satisfaction of his lien. Any court having general equity jurisdiction 
shall have jurisdiction in cases of partition; , and in the 
exercise of such jurisdiction, shall order partition in kind if the real 
property in question is susceptible to a practicable division and may take 
cognizance of all questions of law affecting the legal title that may arise in 
any proceedings, between such tenants in common, joint tenants, executors with 
the power to sell, coparceners and lien creditors.

Any two or more of the parties, if they so elect, may have 
their shares laid off together when partition can be conveniently made in that 
way. If the court orders partition in kind, the court may require that one or 
more parties pay one or more parties' amounts so that the payments, taken 
together with the court-determined value of the in-kind distributions to the 
parties, will make the partition in kind just and proportionate in value to the 
fractional interests held. If the court orders partition in kind, the court 
shall allocate to the parties that are unknown, unlocatable, or the subject of 
a default judgment a part of the property representing the combined interests 
of such parties as determined by the court, and such part of the property shall 
remain undivided.

All partitions of mineral rights heretofore had, are 
hereby validated.

� 8.01-81.1. Determination of value.

A. Except as otherwise provided in subsections B and C, the 
court in every partition action shall order an appraisal pursuant to subsection 
D, and su