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Virginia Code

Va. Code Ann. § 8.01-31 (2026)

Accounting in equity

✓ current as of May 2026
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An accounting in equity may be had against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.

Code 1950, § 8-514.1; 1956, c. 160; 1977, c. 617.

Notes of Decisions
Cited in 50 cases (7 in the last 5 years), 1988–2026 · leading case: Campbell v. Harmon, 628 S.E.2d 308 (Va. 2006).
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Campbell v. Harmon, 628 S.E.2d 308 (Va. 2006). · cites it 35× “Citing the trial court's authority to order an accounting under Code § 8.01-31, Campbell sought to have the Trustees account for two events: First, for tangible personal property the Trustees "removed from Heritage Farm 3 following the death of Gordon Little," and, second, "for…”
Riverside Healthcare Ass'n, Inc. v. Forbes, 709 S.E.2d 156 (Va. 2011). · cites it 16× “We also address whether the remainder beneficiary stated a cause of action for an equitable accounting pursuant to Code § 8.01-31. Because we conclude that the grantor did allocate such compensation to income, we will affirm the portion of the circuit court's judgment granting…”
McIlwain v. McIlwain, 666 S.E.2d 538 (Va. Ct. App. 2008). · cites it 6× “The trial court clearly stated that it was not using the accounting statute, Code § 8.01-31, to do so, but rather was doing so out of fairness after considering all of the factors in the equitable distribution statute, Code § 20-107.”
Adair v. EQT Prod. Co., 320 F.R.D. 379 (W.D. Va. 2017). · cites it 6× “See Va. Code Ann. § 8.01-31 (“An accounting in equity may be had against any fiduciary .”
Chosar Corp. v. Owens, 370 S.E.2d 305 (Va. 1988). · cites it 4× “" Code § 8.01-31. In his use of the common property, a cotenant cannot appropriate to himself the entire estate, Dotson v.”
Anderson v. Anderson, 593 S.E.2d 824 (Va. Ct. App. 2004). · cites it 4× “First, he contends that this case is really an accounting in equity governed by Code § 8.01-31, which requires one co-tenant to account for rent to another only if the requesting co-tenant had made a previous demand for rent.”
McClung v. Smith, 870 F. Supp. 1384 (E.D. Va. 1994). · cites it 5× “Smith and the law firm advance several theories in support of their contention that McClung would not have been entitled to an accounting against Lowe.”
Daly v. Shepherd, 645 S.E.2d 485 (Va. 2007). · cites it 4× “) 21 , 49 (1860), we interpreted the predecessor statute to Code § 8.”
Gaynor v. Hird, 424 S.E.2d 240 (Va. Ct. App. 1992). · cites it 2× “Code § 8.01-31 provides: An accounting in equity may be had against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.”
Greenwood Assocs., Inc. v. Crestar Bank, 448 S.E.2d 399 (Va. 1994). · cites it 2× “See Code § 8.01-31 (“An accounting in equity may be had against any fiduciary .”
Comtois v. Rogers, 715 S.E.2d 1 (Va. 2011). · cites it 2× “[8] Code § 8.01-31 also affords a statutory right to an accounting "against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.”
Terry v. Evans (In re Evans), 527 B.R. 228 (Bankr. E.D. Va. 2015). · cites it 6× “” Va. Code Ann. § 8.01-31 . The Court finds that the facts of the case establish that Ms.”
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