§ 8.01-83.Allotment to one or more parties, or sale, in lieu of partition.

Chapter 3. Actions · Article 9. Partition · Last amended 2020 · Last verified July 16, 2026

In one sentenceSection 8.01-83 sets the sequence a court follows once partition in kind is not practicable — considering allotment of the whole property to a willing party at its determined value, weighing listed factors when multiple parties compete for allotment, and ordering a sale under § 8.01-83.1 when allotment is not practicable or equitable.

Full Text of § 8.01-83

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A. If at least one party to a partition action petitions the court for allotment or for a partition sale, the court may order allotment pursuant to this section or, if the court determines allotment is not practicable, a sale pursuant to § 8.01-83.1.

B. Before a court is authorized to allot or sell an undivided interest in a partition action, it shall first determine that partition in kind cannot be practicably made. When the subject land is not susceptible to a practicable division in kind, the court shall next consider an allotment of the entire subject property to any one or more of the parties who will accept it for a price equal to the value determined pursuant to § 8.01-81.1, and pay therefor to the other parties such sums of money as their interest therein may entitle them to receive, notwithstanding that any of those entitled may be a person with a disability. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. The court shall make distribution of the proceeds of the allotment according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person's part applied according to the rights of such creditors.

1. When the court considers allotment, it shall require the party or parties seeking allotment to notify all of the other parties (i) that the property may be allotted to any one or more of them who is willing to accept it and (ii) of the required price.

2. In the event that multiple parties seek allotment and disputes arise concerning such allotment, the court shall consider the following in making such allotment:

a. Evidence of the collective duration of ownership or possession of the property by a party and one or more predecessors in title or predecessors in possession to the party who are or were related to the party or each other;

b. A party's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the party;

c. The lawful use being made of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of the property;

d. The degree to which the parties have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and

e. Any other relevant factor.

The court shall not consider any one of the preceding factors to be dispositive without weighing the totality of all relevant factors and circumstances.

3. After the court determines which party or parties will participate in the allotment, the court shall notify all the parties of its decision and of the amount each party is to pay or receive for its allotted share pursuant to either this subsection or subsection C. The court shall set a date, not sooner than 60 days after notification to the parties, by which each party allotted a share of the property must pay the amount due to the court. If any party allocated a share fails to pay the amount due by the required date the court shall order a sale of the entire subject property pursuant to § 8.01-83.1, unless the court determines, based on the factors in this subsection, that it will allow another party or parties to acquire such share by paying for such share within a reasonable period of time set by the court.

C. If the court determines that such allotment of the entire subject is not practicable or is not equitable, and if the interest of those who are entitled to the subject, or its proceeds, will be promoted by a sale of the entire subject, or allotment of part and sale of the residue, the court, notwithstanding any of those entitled may be a person under a disability, may order such sale, or an allotment pursuant to subsection B of a part thereof to any one or more of the parties who will accept it and pay therefor to the other parties such sums of money as their interest therein may entitle them to, and a sale of the residue. The price for the part of the property allotted to one or more parties shall be the fair market value of such part as determined by the court unless all the parties agree to a value for the part, which the court shall adopt. The sale of the residue shall be conducted pursuant to § 8.01-83.1. The court shall make distribution of the proceeds of the allotment and sale of the residue, according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person's part applied according to the rights of such creditors.

D. If the court determines neither allotment of the entire subject property nor of a part of the subject property is practicable or equitable, it shall order a sale pursuant to § 8.01-83.1.

End

Plain-English Summary

This section governs what happens once a party petitions for allotment or a partition sale and the property cannot practicably be divided in kind. Subsection B requires the court to consider allotting the entire property to one or more parties willing to accept it at the value set under § 8.01-81.1, paying the remaining parties their share of that value — even if some of them are under a disability. A purchaser who is also entitled to share in the proceeds gets credit against the price for that share, and the court distributes the proceeds according to each party’s rights, taking care to protect the creditors of any deceased co-tenant.

Before allotting, the court requires the party or parties seeking allotment to notify all other parties that the property may go to anyone willing to accept it, and at what price. When more than one party wants the allotment and a dispute results, subsection B(2) directs the court to weigh the same kind of factors used for partition in kind — collective duration of ownership or possession, sentimental attachment, lawful use and the harm from losing it, contribution to taxes, insurance, and upkeep — with no single factor controlling on its own. Once the court decides who participates, it notifies the parties of what each must pay or will receive and sets a payment deadline at least 60 days out; if a party allotted a share fails to pay by that date, the court orders a sale under § 8.01-83.1, unless it instead lets another party acquire the share within a further reasonable time.

Subsection C covers the middle ground: if allotting the whole property is not practicable or equitable, but the parties’ interests would still be served by selling the whole property or allotting part of it and selling the rest, the court may do either. The price for any part allotted is the court-determined fair market value, unless the parties agree on their own value, and the residue is sold under § 8.01-83.1, with proceeds distributed the same way as under subsection B. Subsection D closes the sequence: if neither allotting the whole nor a part is practicable or equitable, the court orders a sale of the entire property under § 8.01-83.1.

Frequently Asked Questions

What has to happen before a court can allot or sell property in a partition case?

The court must first determine that partition in kind cannot practicably be made. Only then does it move to considering allotment under this section or a sale under § 8.01-83.1.

Can property be allotted to a co-owner who is under a disability?

The statute does not bar that outcome for the owner receiving payment — subsection B allows allotment “notwithstanding that any of those entitled may be a person with a disability,” since that person receives the proceeds their interest entitles them to.

What happens if two or more parties both want the property allotted to them?

The court weighs factors including the duration of ownership or possession, sentimental attachment, lawful use of the property and the harm from losing it, and contribution to taxes, insurance, and upkeep — no single factor decides the outcome on its own.

What happens if a party who wins the allotment doesn’t pay on time?

The court sets a payment deadline of at least 60 days. If the party misses it, the court orders a sale of the entire property under § 8.01-83.1, unless it instead allows another party to acquire the share within a further reasonable time the court sets.

Can the court allot only part of the property and sell the rest?

Yes, under subsection C, when allotting the whole property is not practicable or equitable but allotting part and selling the residue would serve the parties’ interests. The residue sale follows § 8.01-83.1.

Amendment History

Code 1950, § 8-692; 1950, p. 467; 1977, c. 617; 2020, cc. 115, 193.

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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