Partition of property. Directs the court to consider certain factors when it orders a partition in kind, including (i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party; (ii) a party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party; (iii) the lawful use being made of any portion 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 such portion of the property; and (iv) the degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property. The bill also provides that counsel for a party to a partition action may serve as a commissioner unless there is an objection by another party; current law requires commissioners to be disinterested and impartial and not a party to or participant in the partition action. This bill is a recommendation of the Boyd-Graves Conference.

Statutes affected:
House: Prefiled and ordered printed; offered 01/11/23 23100415D: 8.01-81, 8.01-81.1, 8.01-83.3, 8.01-92
House: Bill text as passed House and Senate (HB1755ER): 8.01-81, 8.01-81.1, 8.01-83.3, 8.01-92
Governor: Acts of Assembly Chapter text (CHAP0333): 8.01-81, 8.01-81.1, 8.01-83.3, 8.01-92