Va. Code » Title 57. Religious and Charitable Matters; Cemeteries » Chapter 2. Church Property; Benevolent Associations and Objects » Article 2. Property Held for Religious Purposes
Virginia Code

Va. Code Ann. § 57-9 (2026)

How property rights determined on division of church or society

✓ current as of May 2026
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A. If a division has heretofore occurred or shall hereafter occur in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority of the whole number, determine to which branch of the church or society such congregation shall thereafter belong. Such determination shall be reported to the circuit court of the county or city, wherein the property held in trust for such congregation or the greater part thereof is; and if the determination be approved by the court, it shall be so entered in the court's civil order book, and shall be conclusive as to the title to and control of any property held in trust for such congregation, and be respected and enforced accordingly in all of the courts of the Commonwealth.

B. If a division has heretofore occurred or shall hereafter occur in a congregation whose property is held by trustees which, in its organization and government, is a church or society entirely independent of any other church or general society, a majority of the members of such congregation, entitled to vote by its constitution as existing at the time of the division, or where it has no written constitution, entitled to vote by its ordinary practice or custom, may decide the right, title, and control of all property held in trust for such congregation. Their decision shall be reported to such court, and if approved by it, shall be so entered as aforesaid, and shall be final as to such right of property so held.

Code 1919, § 40; 1972, c. 825; 2005, cc. 681, 772.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1967–2025 · leading case: Protestant Episcopal Church v. TRURO CHURCH, 694 S.E.2d 555 (Va. 2010).
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Protestant Episcopal Church v. TRURO CHURCH, 694 S.E.2d 555 (Va. 2010). · cites it 106× “to "address the question at the heart of this litigation: Has a division occurred ?" Thus, much of the expert testimony presented by the parties was directed toward placing the concept of a "division" within a church into a historical context in an effort to establish the…”
In re Multi-Circuit Episcopal Church Prop. Litig., 76 Va. Cir. 1 (Fairfax Cir. Ct. 2008). · cites it 617× “Concerning Application of Va. Code § 57-9 at 44.) Of these twenty congregations, eleven are affiliated with CANA, and four are affiliated with *823 the American Arm of the Church of Uganda.”
Reid v. Gholson, 327 S.E.2d 107 (Va. 1985). · cites it 11× “This could be accomplished, the adherents say, in either of two ways: (1) the dissenters could attend a meeting, abide the result, call for a "division" of the membership, and then apply to the court for allocation of the church property to the winning faction under Code § 57-9;…”
Baber v. Caldwell, 152 S.E.2d 23 (Va. 1967). · cites it 9× “” [Emphasis supplied] Va. Code Ann. § 57-9 (Repl. vol. 1959). 2 (2) Judge Earl L.”
In re Multi-Circuit Episcopal Church Prop. Litig., 84 Va. Cir. 105 (Fairfax Cir. Ct. 2012). · cites it 65× “The Diocese notes that, during the § 57-9 litigation, the CANA congregations expressed a similar understanding of § 57-15, quoting from CANA Congregations’ Reply Memorandum of Law on Scope of Hearing on Congregational Determinations Pursuant to Va. Code § 57-9 (filed August 31,…”
Green v. Lewis, 272 S.E.2d 181 (Va. 1980). · cites it 4× “Code § 57-9; Baber v. Caldwell, 207 Va. 694, 695 , 152 S.”
the Episcopal Church, the Local Episcopal Parties, the Local Episcopal Congregations, & the Most Rev. Katharine Jefferts Schori v. Franklin Salazar & Intervening Congregations, 547 S.W.3d 353 (Tex. App. 2018). “” (citing Va. Code Ann. § 57-9 )). On remand from the U.”
Norfolk Presbytery v. Bollinger, 201 S.E.2d 752 (Va. 1974). · cites it 2× “Under predecessor statutes only the congregation’s wishes were to be considered in a proceeding to authorize a church property conveyance, 2 but Code § 57-15 now contemplates that the general church, or a division thereof, or certain ecclesiastical officials may be the proper…”
Diocese of Sw. Virginia v. Wyckoff, 83 Va. Cir. 493 (Amherst Cir. Ct. 1979). · cites it 4× “Virginia Code § 57-9 was not specifically relied upon in conducting the vote.”
Atl. Korean Am. Presbytery v. Shalom Presbyterian Church of Washington, Inc. (Va. Ct. App. 2025). · cites it 20× “And, in 1867, drawing from this precedent, the Virginia General Assembly passed what is now known as Code § 57-9,31 which provided “that, in the contingency of a division of any religious society, it should be lawful for a majority to determine to which branch such congregation…”
The Falls Church v. Protestant Episcopal Church (Va. 2013). · cites it 6× “13 During the trial on the CANA Congregations’ Code § 57-9 petitions and after both the Diocese and TEC had filed their declaratory judgment actions, counsel for TEC conceded that “the money that [the CANA Congregations have] received due to contributions since the time that…”
Trs. of Cave Rock Brethren Church v. Church of the Brethren, 77 Va. Cir. 457 (Botetourt Cir. Ct. 1976). · cites it 4× “Complainants contend that the local church is an independent, autonomous congregation and that, pursuant to Va. Code § 57-9, when a division occurs in such a church, the majority of its members entitled to vote may decide the right, title, and control of all property held by the…”
Show all 13 citing cases →
— Va. Code Ann. § 57-9(A) — 5 cases
Protestant Episcopal Church v. TRURO CHURCH, 694 S.E.2d 555 (Va. 2010). “to "address the question at the heart of this litigation: Has a division occurred ?" Thus, much of the expert testimony presented by the parties was directed toward placing the concept of a "division" within a church into a historical context in an effort to establish the…”
In re Multi-Circuit Episcopal Church Prop. Litig., 76 Va. Cir. 1 (Fairfax Cir. Ct. 2008). “Concerning Application of Va. Code § 57-9 at 44.) Of these twenty congregations, eleven are affiliated with CANA, and four are affiliated with *823 the American Arm of the Church of Uganda.”
In re Multi-Circuit Episcopal Church Prop. Litig., 84 Va. Cir. 105 (Fairfax Cir. Ct. 2012). “The Diocese notes that, during the § 57-9 litigation, the CANA congregations expressed a similar understanding of § 57-15, quoting from CANA Congregations’ Reply Memorandum of Law on Scope of Hearing on Congregational Determinations Pursuant to Va. Code § 57-9 (filed August 31,…”
Atl. Korean Am. Presbytery v. Shalom Presbyterian Church of Washington, Inc. (Va. Ct. App. 2025). “And, in 1867, drawing from this precedent, the Virginia General Assembly passed what is now known as Code § 57-9,31 which provided “that, in the contingency of a division of any religious society, it should be lawful for a majority to determine to which branch such congregation…”
The Falls Church v. Protestant Episcopal Church (Va. 2013). “13 During the trial on the CANA Congregations’ Code § 57-9 petitions and after both the Diocese and TEC had filed their declaratory judgment actions, counsel for TEC conceded that “the money that [the CANA Congregations have] received due to contributions since the time that…”
— Va. Code Ann. § 57-9(B) — 3 cases
Protestant Episcopal Church v. TRURO CHURCH, 694 S.E.2d 555 (Va. 2010). “to "address the question at the heart of this litigation: Has a division occurred ?" Thus, much of the expert testimony presented by the parties was directed toward placing the concept of a "division" within a church into a historical context in an effort to establish the…”
In re Multi-Circuit Episcopal Church Prop. Litig., 76 Va. Cir. 1 (Fairfax Cir. Ct. 2008). “Concerning Application of Va. Code § 57-9 at 44.) Of these twenty congregations, eleven are affiliated with CANA, and four are affiliated with *823 the American Arm of the Church of Uganda.”
In re Multi-Circuit Episcopal Church Prop. Litig., 84 Va. Cir. 105 (Fairfax Cir. Ct. 2012). “The Diocese notes that, during the § 57-9 litigation, the CANA congregations expressed a similar understanding of § 57-15, quoting from CANA Congregations’ Reply Memorandum of Law on Scope of Hearing on Congregational Determinations Pursuant to Va. Code § 57-9 (filed August 31,…”
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