2006 Code of Virginia § 8.01-83 - Allotment to one or more parties, or sale, in lieu of partition

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

When partition cannot be conveniently made, the entire subject may beallotted to any one or more of the parties who will accept it and paytherefor to the other parties such sums of money as their interest thereinmay entitle them to; or in any case in which partition cannot be convenientlymade, if the interest of those who are entitled to the subject, or itsproceeds, will be promoted by a sale of the entire subject, or allotment ofpart and sale of the residue, the court, notwithstanding any of thoseentitled may be a person under a disability, may order such sale, or anallotment of a part thereof to any one or more of the parties who will acceptit and pay therefor to the other parties such sums of money as their interesttherein may entitle them to, and a sale of the residue, and make distributionof the proceeds of sale, according to the respective rights of thoseentitled, taking care, when there are creditors of any deceased person whowas a tenant in common, joint tenant, or coparcener, to have the proceeds ofsuch deceased person's part applied according to the rights of such creditors.

(Code 1950, 8-692; 1950, p. 467; 1977, c. 617.)