{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/34-13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/34-13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/34-13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/34-13.html"}],"law_id":72684,"edition_id":1,"section_id":72684,"structure_id":13372,"section_number":"34-13","catch_line":"Householder may set apart exemption in personal estate","history":"Code 1919, \u00a7 6539; 1975, c. 466; 1980, c. 167; 1990, c. 942; 1993, c. 150; 2024, c. 656.","full_text":"If the householder does not set apart any real estate as before provided, or if what he does or has so set apart is not of the total value which he is entitled to hold exempt, he may, in addition to the property or estate which he is entitled to hold exempt under \u00a7\u00a7 34-26, 34-27, 34-29, and 64.2-311, in the first case select and set apart by the writing required by \u00a7 34-14 to be held by him as exempt under \u00a7\u00a7 34-4 and 34-4.1, so much of his personal estate as shall not exceed the total value which he is entitled to hold exempt and, in the latter case, personal estate, the value of which, when added to the value of the real estate set apart, does not exceed such total value.\n\t\tFor the purposes of this section, the exemption under \u00a7 34-4, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder or the householder’s dependents may only be used for such property, and its proceeds as provided under \u00a7 34-20, and no other property.","order_by":null,"text":{"0":{"id":261612,"text":"If the householder does not set apart any real estate as before provided, or if what he does or has so set apart is not of the total value which he is entitled to hold exempt, he may, in addition to the property or estate which he is entitled to hold exempt under \u00a7\u00a7 34-26, 34-27, 34-29, and 64.2-311, in the first case select and set apart by the writing required by \u00a7 34-14 to be held by him as exempt under \u00a7\u00a7 34-4 and 34-4.1, so much of his personal estate as shall not exceed the total value which he is entitled to hold exempt and, in the latter case, personal estate, the value of which, when added to the value of the real estate set apart, does not exceed such total value.\n\t\tFor the purposes of this section, the exemption under \u00a7 34-4, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder or the householder’s dependents may only be used for such property, and its proceeds as provided under \u00a7 34-20, and no other property.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13372,"edition_id":1,"name":"Homestead Exemption of Householder","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13371,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":207979,"object_type":"structure","relational_id":13372,"identifier":"2","token":"34\/2","url":"\/34\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13371,"edition_id":1,"name":"Homestead and Other Exemptions","identifier":"34","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":207959,"object_type":"structure","relational_id":13371,"identifier":"34","token":"34","url":"\/34\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65931,"structure_id":13372,"section_number":"34-10","catch_line":"Repealed","url":"\/34-10\/","token":"34\/2\/34-10","metadata":false},{"id":72684,"structure_id":13372,"section_number":"34-13","catch_line":"Householder may set apart exemption in personal estate","url":"\/34-13\/","token":"34\/2\/34-13","metadata":false},{"id":57768,"structure_id":13372,"section_number":"34-14","catch_line":"How set apart in personal estate; form to claim exemption of personal property","url":"\/34-14\/","token":"34\/2\/34-14","metadata":false},{"id":80341,"structure_id":13372,"section_number":"34-15","catch_line":"Repealed","url":"\/34-15\/","token":"34\/2\/34-15","metadata":false},{"id":54949,"structure_id":13372,"section_number":"34-17","catch_line":"When exemption may be set apart; garnished wages","url":"\/34-17\/","token":"34\/2\/34-17","metadata":false},{"id":72433,"structure_id":13372,"section_number":"34-18","catch_line":"Rents and profits exempt; increase in value of estate set apart","url":"\/34-18\/","token":"34\/2\/34-18","metadata":false},{"id":65016,"structure_id":13372,"section_number":"34-19","catch_line":"How excess in value set apart subjected to debts","url":"\/34-19\/","token":"34\/2\/34-19","metadata":false},{"id":69736,"structure_id":13372,"section_number":"34-20","catch_line":"Proceeds of sale of estate exempt; how evidenced","url":"\/34-20\/","token":"34\/2\/34-20","metadata":false},{"id":73755,"structure_id":13372,"section_number":"34-21","catch_line":"When householder's right to exemption is exhausted","url":"\/34-21\/","token":"34\/2\/34-21","metadata":false},{"id":82632,"structure_id":13372,"section_number":"34-22","catch_line":"Waiver of exemption; its effect; form of waiver","url":"\/34-22\/","token":"34\/2\/34-22","metadata":false},{"id":76687,"structure_id":13372,"section_number":"34-23","catch_line":"How claim enforced when exemption waived, etc","url":"\/34-23\/","token":"34\/2\/34-23","metadata":false},{"id":69764,"structure_id":13372,"section_number":"34-24","catch_line":"When the exemption ceases; lien of judgment or decree against householder","url":"\/34-24\/","token":"34\/2\/34-24","metadata":false},{"id":68844,"structure_id":13372,"section_number":"34-25","catch_line":"When homestead waived judgments and executions to so state","url":"\/34-25\/","token":"34\/2\/34-25","metadata":false},{"id":86197,"structure_id":13372,"section_number":"34-4","catch_line":"Exemption created","url":"\/34-4\/","token":"34\/2\/34-4","metadata":false},{"id":54345,"structure_id":13372,"section_number":"34-4.1","catch_line":"Additional exemption for certain veterans","url":"\/34-4.1\/","token":"34\/2\/34-4.1","metadata":false},{"id":86973,"structure_id":13372,"section_number":"34-4.2","catch_line":"Additional exemption for parents of dependent children","url":"\/34-4.2\/","token":"34\/2\/34-4.2","metadata":false},{"id":65880,"structure_id":13372,"section_number":"34-5","catch_line":"To what debts exemptions shall not apply","url":"\/34-5\/","token":"34\/2\/34-5","metadata":false},{"id":84819,"structure_id":13372,"section_number":"34-6","catch_line":"How exemption of real estate secured; form to claim exemption of real property","url":"\/34-6\/","token":"34\/2\/34-6","metadata":false},{"id":75449,"structure_id":13372,"section_number":"34-7","catch_line":"Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of","url":"\/34-7\/","token":"34\/2\/34-7","metadata":false},{"id":79486,"structure_id":13372,"section_number":"34-8","catch_line":"Partition or sale of real estate held as exempt by joint tenant, etc","url":"\/34-8\/","token":"34\/2\/34-8","metadata":false},{"id":61432,"structure_id":13372,"section_number":"34-9","catch_line":"How real estate set apart as exempt may be encumbered or aliened","url":"\/34-9\/","token":"34\/2\/34-9","metadata":false}],"previous_section":{"id":65931,"structure_id":13372,"section_number":"34-10","catch_line":"Repealed","url":"\/34-10\/","token":"34\/2\/34-10","metadata":false},"next_section":{"id":57768,"structure_id":13372,"section_number":"34-14","catch_line":"How set apart in personal estate; form to claim exemption of personal property","url":"\/34-14\/","token":"34\/2\/34-14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/34-13\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1975, chapter 466; in 1980, chapter 167; in 1990, chapter 942; in 1993, chapter 150; in 2024, chapter 656<\/a>.<\/p>","references":[{"id":57768,"section_number":"34-14","catch_line":"How set apart in personal estate; form to claim exemption of personal property","order_by":null,"url":"\/34-14\/"},{"id":73755,"section_number":"34-21","catch_line":"When householder's right to exemption is exhausted","order_by":null,"url":"\/34-21\/"}],"refers_to":[{"id":57768,"section_number":"34-14","catch_line":"How set apart in personal estate; form to claim exemption of personal property","order_by":null,"url":"\/34-14\/"},{"id":69736,"section_number":"34-20","catch_line":"Proceeds of sale of estate exempt; how evidenced","order_by":null,"url":"\/34-20\/"},{"id":54766,"section_number":"34-26","catch_line":"Poor debtor's exemption; exempt articles enumerated","order_by":null,"url":"\/34-26\/"},{"id":67771,"section_number":"34-27","catch_line":"Additional articles exempted to householder engaged in agriculture","order_by":null,"url":"\/34-27\/"},{"id":85697,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","order_by":null,"url":"\/34-29\/"},{"id":86197,"section_number":"34-4","catch_line":"Exemption created","order_by":null,"url":"\/34-4\/"},{"id":54345,"section_number":"34-4.1","catch_line":"Additional exemption for certain veterans","order_by":null,"url":"\/34-4.1\/"},{"id":58287,"section_number":"64.2-311","catch_line":"Homestead allowance","order_by":null,"url":"\/64.2-311\/"}],"permalink":{"id":207985,"object_type":"law","relational_id":72684,"identifier":"34-13","token":"34\/2\/34-13","url":"\/34-13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/34-13\/","token":"34\/2\/34-13","dublin_core":{"Title":"Householder may set apart exemption in personal estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 34-13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the householder<\/span> does not set apart any real estate as before provided, or if what he does or has so set apart is not of the total value which he is entitled to hold exempt<\/span>, he may, in addition to the property or estate which he is entitled to hold exempt<\/span> under \u00a7\u00a7 34-26<\/a>, 34-27<\/a>, 34-29<\/a>, and 64.2-311<\/a>, in the first case select and set apart by the writing required by \u00a7 34-14<\/a> to be held by him as exempt<\/span> under \u00a7\u00a7 34-4<\/a> and 34-4.1<\/a>, so much of his personal estate as shall not exceed the total value which he is entitled to hold exempt<\/span> and, in the latter case, personal estate, the value of which, when added to the value of the real estate set apart, does not exceed such total value.\n\t\tFor the purposes of this section, the exemption<\/span> under \u00a7 34-4<\/a>, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder<\/span> or the householder<\/span>’s dependents may only be used for such property, and its proceeds as provided under \u00a7 34-20<\/a>, and no other property.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOUSEHOLDER MAY SET APART EXEMPTION IN PERSONAL ESTATE (\u00a7 34-13)\n\nIf the householder does not set apart any real estate as before provided, or if\nwhat he does or has so set apart is not of the total value which he is entitled\nto hold exempt, he may, in addition to the property or estate which he is\nentitled to hold exempt under \u00a7\u00a7 34-26, 34-27, 34-29, and 64.2-311, in the\nfirst case select and set apart by the writing required by \u00a7 34-14 to be held\nby him as exempt under \u00a7\u00a7 34-4 and 34-4.1, so much of his personal estate as\nshall not exceed the total value which he is entitled to hold exempt and, in the\nlatter case, personal estate, the value of which, when added to the value of the\nreal estate set apart, does not exceed such total value.\n\t\tFor the purposes of this section, the exemption under \u00a7 34-4, or unused\nportion thereof, that is limited by such section to real or personal property\nused as the principal residence of the householder or the householder’s\ndependents may only be used for such property, and its proceeds as provided\nunder \u00a7 34-20, and no other property.\n\nHISTORY: Code 1919, \u00a7 6539; 1975, c. 466; 1980, c. 167; 1990, c. 942; 1993, c.\n150; 2024, c. 656.","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}}