Legal Question in Family Law in Virginia

Re: Property division

You should consult with a Virginia lawyer to discuss the application of the law to the facts of your particular situation. The following is general legal information on the partition of real property in Virginia. Through the action of partition, a co-owner may compel the partition, when possible, or, in the vast majority of cases where that is not possible, the sale of jointly owned real estate and the division of the proceeds.

� 8.01-81. Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights. � 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 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.