Rights of Married Persons

  1. Law
  2. Code of Virginia
  3. Wills, Trusts, and Fiduciaries
  4. Rights of Married Persons

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Section
64.2-300

Applicability; definitions

Section
64.2-301

Dower or curtesy abolished

Section
64.2-302

When and how elective share may be claimed by surviving spouse

Section
64.2-303

Extension of time until after determination of action for construction of will or extent of augmented estate

Section
64.2-304

Rights upon claiming an elective share

Section
64.2-305

Augmented estate; exclusions; valuation

Section
64.2-306

Charging spouse with the value of property received; liability of others for balance of elective share

Section
64.2-307

Rights in family residence

Section
64.2-308

Statutory rights barred by desertion or abandonment

Section
64.2-308.1

Applicability; definitions

Section
64.2-308.2

Dower or curtesy abolished

Section
64.2-308.3

Elective share amount; effect of election on statutory benefits; non-domiciliary

Section
64.2-308.4

Composition of the augmented estate; marital property portion

Section
64.2-308.5

Decedent's net probate estate

Section
64.2-308.6

Decedent's non-probate transfers to others

Section
64.2-308.7

Decedent's non-probate transfers to the surviving spouse

Section
64.2-308.8

Surviving spouse's property and non-probate transfers to others

Section
64.2-308.9

Exclusions, valuation, and overlapping application

Section
64.2-308.10

Sources from which elective share payable

Section
64.2-308.11

Personal liability of recipients

Section
64.2-308.12

Proceeding for elective share; time limit

Section
64.2-308.13

Right of election personal to surviving spouse; incapacitated surviving spouse

Section
64.2-308.14

Waiver of right to elect and of other rights; defenses

Section
64.2-308.15

Protection of payors and other third parties

Section
64.2-308.16

Rights in family residence

Section
64.2-308.17

Statutory rights barred by desertion or abandonment

Section
64.2-309

Family allowance

Section
64.2-310

Exempt property

Section
64.2-311

Homestead allowance

Section
64.2-312

Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief

Section
64.2-313

When and how exempt property and allowances may be claimed

Section
64.2-314

Waiver

Section
64.2-315

Application

Section
64.2-316

Presumptions

Section
64.2-317

Disposition upon death

Section
64.2-318

Perfection of title of surviving spouse

Section
64.2-319

Perfection of title of personal representative, heir or devisee

Section
64.2-320

Purchaser for value or lender

Section
64.2-321

Creditor's rights

Section
64.2-322

Acts of married persons

Section
64.2-323

Limitations on testamentary disposition

Section
64.2-324

Uniformity of application and construction