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.
Structure Code of Virginia
Title 57 - Religious and Charitable Matters; Cemeteries
Chapter 2 - Church Property; Benevolent Associations and Objects
§ 57-3. Appropriation of glebe lands and church property
§ 57-4. Donations to vestries for charitable purposes
§ 57-5. R. E. Lee Camp; Pelham Chapel
§ 57-6. Lee Memorial Association
§ 57-6.1. Validity of literary, educational, and charitable gifts, grants, devises, or bequests
§ 57-7.1. What transfers for religious purposes valid
§ 57-9. How property rights determined on division of church or society
§ 57-10. How trustees to hold personal property
§ 57-11. Suits by and against trustees
§ 57-13. Suits by members against trustees to compel proper application of property
§ 57-14. Suits by members to have land sold or mortgaged
§ 57-15. Proceedings by trustees or members for similar purposes, exception for certain transfers
§ 57-15.1. Order may provide that fiscal officer may sign instrument without personal liability
§ 57-16. Property held, etc., by ecclesiastical officers
§ 57-16.1. Property of unincorporated church held by corporation
§ 57-17. Conveyance of church land held in adverse possession
§ 57-18. Conveyance for charitable purpose to unincorporated bodies or societies
§ 57-19. Conveyances of land to benevolent and other associations to be subject to certain sections
§ 57-20. Quantity of land benevolent and other associations may hold