§ 34-19 — How excess in value set apart subjected to debts

Virginia § 34-19

• Jurisdiction: Virginia
• Title 34: HOMESTEAD AND OTHER EXEMPTIONS
• Ch. 2: HOMESTEAD EXEMPTION OF HOUSEHOLDER

Text

Any creditor, against whom an exemption is claimed, may file a bill in equity, alleging that the value of the estate at the time it was set apart was more than the amount the householder is entitled to exempt or, that by reason of permanent improvements made on the real estate after it was set apart by means derived from some source other than exempt property, the whole estate set apart is of greater value than the amount the householder is entitled to exempt. If the court is satisfied from the proofs in the cause that the allegations of the bill are true, it shall make such decree or order as may be necessary to subject the estate set apart, so far as it exceeds the amount the householder is entitled to exempt, to the payment of the debt or demand of such creditor.

Legislative History

Code 1919, § 6545; 1975, c. 466; 1977, c. 496; 1990, c. 942.