{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-88.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-88.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-88.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-88.02.html"}],"law_id":79708,"edition_id":1,"section_id":79708,"structure_id":13013,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","history":"1992, c. 662; 2002, c. 747.","full_text":"A\n\nAs used in this section, “uncompensated value” means the aggregate amount by which the fair market value of all property or resources, including fractional interests, transferred by any transferor after the effective date of and subject to this section, exceeds the aggregate consideration received for such property or resources.B\n\nWithin thirty months prior to the date on which any person receives benefits from any program of public assistance or social services as defined in § 63.2-100, if such person has transferred any property or resources resulting in uncompensated value, the transferee of such property or resources shall be liable to repay the Commonwealth for benefits paid on behalf of the transferor up to the amount of that uncompensated value less $25,000.C\n\nIn their discretion, the heads of the agencies which administer the appropriate program or programs of public assistance may petition the circuit court having jurisdiction over the property or over the transferee for an order requiring repayment. That order shall continue in effect, as the court may determine, for so long as the transferor receives public assistance or until the uncompensated value is completely repaid. With respect to all transfers subject to this section, a rebuttable presumption is created that the transferee acted with the intent and for the purpose of assisting the transferor to qualify for public assistance. If the presumption is rebutted, this section shall not apply and the petition shall be dismissed.D\n\nAfter reasonable investigation, the agency or agencies administering the program of public assistance shall not file any petition, and no court shall order payments under subsection B of this section if it is determined that: (i) the uncompensated value of the property transferred is $25,000 or less, (ii) that the property transferred was the home of the transferor at the time of the transfer and the transferor or any of the following individuals reside in the home: the transferor’s spouse, any natural or adopted child of the transferor under the age of twenty-one years or any natural or adopted child of the transferor, regardless of age, who is blind or disabled as defined by the federal Social Security Act or the Virginia Medicaid Program, or (iii) the transferee is without financial means or that such payment would work a hardship on the transferee or his family. If the transferee does not fully cooperate with the investigating agency to determine the nature and extent of the hardship, there shall be a rebuttable presumption that no hardship exists.","order_by":null,"text":{"0":{"id":285642,"text":"As used in this section, “uncompensated value” means the aggregate amount by which the fair market value of all property or resources, including fractional interests, transferred by any transferor after the effective date of and subject to this section, exceeds the aggregate consideration received for such property or resources.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285643,"text":"Within thirty months prior to the date on which any person receives benefits from any program of public assistance or social services as defined in § 63.2-100, if such person has transferred any property or resources resulting in uncompensated value, the transferee of such property or resources shall be liable to repay the Commonwealth for benefits paid on behalf of the transferor up to the amount of that uncompensated value less $25,000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285644,"text":"In their discretion, the heads of the agencies which administer the appropriate program or programs of public assistance may petition the circuit court having jurisdiction over the property or over the transferee for an order requiring repayment. That order shall continue in effect, as the court may determine, for so long as the transferor receives public assistance or until the uncompensated value is completely repaid. With respect to all transfers subject to this section, a rebuttable presumption is created that the transferee acted with the intent and for the purpose of assisting the transferor to qualify for public assistance. If the presumption is rebutted, this section shall not apply and the petition shall be dismissed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285645,"text":"After reasonable investigation, the agency or agencies administering the program of public assistance shall not file any petition, and no court shall order payments under subsection B of this section if it is determined that: (i) the uncompensated value of the property transferred is $25,000 or less, (ii) that the property transferred was the home of the transferor at the time of the transfer and the transferor or any of the following individuals reside in the home: the transferor’s spouse, any natural or adopted child of the transferor under the age of twenty-one years or any natural or adopted child of the transferor, regardless of age, who is blind or disabled as defined by the federal Social Security Act or the Virginia Medicaid Program, or (iii) the transferee is without financial means or that such payment would work a hardship on the transferee or his family. If the transferee does not fully cooperate with the investigating agency to determine the nature and extent of the hardship, there shall be a rebuttable presumption that no hardship exists.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13013,"edition_id":1,"name":"Desertion and Nonsupport","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":178421,"object_type":"structure","relational_id":13013,"identifier":"5","token":"20\/5","url":"\/20\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68962,"structure_id":13013,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","url":"\/20-61\/","token":"20\/5\/20-61","metadata":false},{"id":87062,"structure_id":13013,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},{"id":57689,"structure_id":13013,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","url":"\/20-61.3\/","token":"20\/5\/20-61.3","metadata":false},{"id":55172,"structure_id":13013,"section_number":"20-62","catch_line":"Commitment to workhouse, city farm or work squad for such desertion","url":"\/20-62\/","token":"20\/5\/20-62","metadata":false},{"id":66099,"structure_id":13013,"section_number":"20-63","catch_line":"Support payments by county or city","url":"\/20-63\/","token":"20\/5\/20-63","metadata":false},{"id":68667,"structure_id":13013,"section_number":"20-64","catch_line":"Proceedings instituted by petition","url":"\/20-64\/","token":"20\/5\/20-64","metadata":false},{"id":65766,"structure_id":13013,"section_number":"20-65","catch_line":"Summons or warrant; investigation and hearing","url":"\/20-65\/","token":"20\/5\/20-65","metadata":false},{"id":68728,"structure_id":13013,"section_number":"20-66","catch_line":"Contempt proceedings; trial in absence of defendant","url":"\/20-66\/","token":"20\/5\/20-66","metadata":false},{"id":64821,"structure_id":13013,"section_number":"20-67","catch_line":"Jurisdiction","url":"\/20-67\/","token":"20\/5\/20-67","metadata":false},{"id":83650,"structure_id":13013,"section_number":"20-68","catch_line":"Appeal","url":"\/20-68\/","token":"20\/5\/20-68","metadata":false},{"id":63813,"structure_id":13013,"section_number":"20-69","catch_line":"Fees of officers","url":"\/20-69\/","token":"20\/5\/20-69","metadata":false},{"id":56677,"structure_id":13013,"section_number":"20-70","catch_line":"No warrant of arrest to issue","url":"\/20-70\/","token":"20\/5\/20-70","metadata":false},{"id":81017,"structure_id":13013,"section_number":"20-71","catch_line":"Temporary orders for support","url":"\/20-71\/","token":"20\/5\/20-71","metadata":false},{"id":65803,"structure_id":13013,"section_number":"20-71.1","catch_line":"Attorneys' fees in proceedings under \u00a7 20-71","url":"\/20-71.1\/","token":"20\/5\/20-71.1","metadata":false},{"id":63723,"structure_id":13013,"section_number":"20-72","catch_line":"Probation on order directing defendant to pay and enter recognizance","url":"\/20-72\/","token":"20\/5\/20-72","metadata":false},{"id":79282,"structure_id":13013,"section_number":"20-73","catch_line":"Condition of the recognizance","url":"\/20-73\/","token":"20\/5\/20-73","metadata":false},{"id":55024,"structure_id":13013,"section_number":"20-74","catch_line":"Support orders to remain in effect until annulled; 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liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},{"id":80205,"structure_id":13013,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false}],"previous_section":{"id":66481,"structure_id":13013,"section_number":"20-88.01","catch_line":"Repealed","url":"\/20-88.01\/","token":"20\/5\/20-88.01","metadata":false},"next_section":{"id":80205,"structure_id":13013,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.02\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 662 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2002, chapter 747<\/a>.<\/p>","references":[{"id":71725,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","order_by":null,"url":"\/64.2-108.2\/"}],"refers_to":[{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"permalink":{"id":178575,"object_type":"law","relational_id":79708,"identifier":"20-88.02","token":"20\/5\/20-88.02","url":"\/20-88.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-88.02\/","token":"20\/5\/20-88.02","dublin_core":{"Title":"Transfer of assets to qualify for assistance; liability of transferees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “uncompensated value<\/span>” means the aggregate amount by which the fair market value of all property or resources, including fractional interests, transferred by any transferor after the effective date of and subject to this section, exceeds the aggregate consideration received for such property or resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Within thirty months prior to the date on which any person receives benefits from any program of public assistance or social services as defined in § 63.2-100<\/a>, if such person has transferred any property or resources resulting in uncompensated value<\/span>, the transferee of such property or resources shall be liable to repay the Commonwealth for benefits paid on behalf of the transferor up to the amount of that uncompensated value<\/span> less $25,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In their discretion, the heads of the agencies which administer the appropriate program or programs of public assistance may petition<\/span> the circuit<\/span> court<\/span> having jurisdiction<\/span> over the property or over the transferee for an order<\/span> requiring repayment. That order<\/span> shall continue in effect, as the court<\/span> may determine, for so long as the transferor receives public assistance or until the uncompensated value<\/span> is completely repaid. With respect to all transfers subject to this section, a rebuttable presumption<\/span> is created that the transferee acted with the intent<\/span> and for the purpose of assisting the transferor to qualify for public assistance. If the presumption<\/span> is rebutted, this section shall not apply and the petition<\/span> shall be dismissed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> After reasonable investigation, the agency or agencies administering the program of public assistance shall not file any petition<\/span>, and no court<\/span> shall order<\/span> payments under subsection B of this section if it is determined that: (i) the uncompensated value<\/span> of the property transferred is $25,000 or less, (ii) that the property transferred was the home of the transferor at the time of the transfer and the transferor or any of the following individuals reside in the home: the transferor’s spouse, any natural or adopted child of the transferor under the age of twenty-one years or any natural or adopted child of the transferor, regardless of age, who is blind or disabled as defined by the federal Social Security Act or the Virginia Medicaid Program, or (iii) the transferee is without financial means or that such payment would work a hardship on the transferee or his family. If the transferee does not fully cooperate with the investigating agency to determine the nature and extent of the hardship, there shall be a rebuttable presumption<\/span> that no hardship exists. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OF ASSETS TO QUALIFY FOR ASSISTANCE; LIABILITY OF TRANSFEREES (\u00a7\n20-88.02)\n\nA. As used in this section, “uncompensated value” means the\naggregate amount by which the fair market value of all property or resources,\nincluding fractional interests, transferred by any transferor after the\neffective date of and subject to this section, exceeds the aggregate\nconsideration received for such property or resources.\n\nB. Within thirty months prior to the date on which any person receives benefits\nfrom any program of public assistance or social services as defined in §\n63.2-100, if such person has transferred any property or resources resulting in\nuncompensated value, the transferee of such property or resources shall be\nliable to repay the Commonwealth for benefits paid on behalf of the transferor\nup to the amount of that uncompensated value less $25,000.\n\nC. In their discretion, the heads of the agencies which administer the\nappropriate program or programs of public assistance may petition the circuit\ncourt having jurisdiction over the property or over the transferee for an order\nrequiring repayment. That order shall continue in effect, as the court may\ndetermine, for so long as the transferor receives public assistance or until the\nuncompensated value is completely repaid. With respect to all transfers subject\nto this section, a rebuttable presumption is created that the transferee acted\nwith the intent and for the purpose of assisting the transferor to qualify for\npublic assistance. If the presumption is rebutted, this section shall not apply\nand the petition shall be dismissed.\n\nD. After reasonable investigation, the agency or agencies administering the\nprogram of public assistance shall not file any petition, and no court shall\norder payments under subsection B of this section if it is determined that: (i)\nthe uncompensated value of the property transferred is $25,000 or less, (ii)\nthat the property transferred was the home of the transferor at the time of the\ntransfer and the transferor or any of the following individuals reside in the\nhome: the transferor’s spouse, any natural or adopted child of the\ntransferor under the age of twenty-one years or any natural or adopted child of\nthe transferor, regardless of age, who is blind or disabled as defined by the\nfederal Social Security Act or the Virginia Medicaid Program, or (iii) the\ntransferee is without financial means or that such payment would work a hardship\non the transferee or his family. If the transferee does not fully cooperate with\nthe investigating agency to determine the nature and extent of the hardship,\nthere shall be a rebuttable presumption that no hardship exists.\n\nHISTORY: 1992, c. 662; 2002, c. 747.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}