{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/34-22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/34-22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/34-22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/34-22.html"}],"law_id":82632,"edition_id":1,"section_id":82632,"structure_id":13372,"section_number":"34-22","catch_line":"Waiver of exemption; its effect; form of waiver","history":"Code 1919, \u00a7 6548.","full_text":"If any person shall declare in a bond, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he waives, as to such obligation, the exemption from liability of the property or estate which he may be entitled to claim and hold exempt under the provisions of this chapter, such property or estate, whether previously set apart or not, shall be liable to be subjected for such obligation, under legal process, in like manner and to the same extent as other property or estate of such person. But such waiver shall not extend to or affect the exemption of the property or estate exempt under \u00a7\u00a7 34-26, 34-27 and 34-29. The following or equivalent words shall be sufficient to operate as the waiver hereinbefore provided for: “I (or we) waive the benefit of my (or our) exemption as to this obligation.” If a debt which is superior to the homestead, or as to which the homestead is waived, be paid off by a surety therein, the principal shall not be allowed to claim the homestead as against such surety.","order_by":null,"text":{"0":{"id":296059,"text":"If any person shall declare in a bond, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he waives, as to such obligation, the exemption from liability of the property or estate which he may be entitled to claim and hold exempt under the provisions of this chapter, such property or estate, whether previously set apart or not, shall be liable to be subjected for such obligation, under legal process, in like manner and to the same extent as other property or estate of such person. But such waiver shall not extend to or affect the exemption of the property or estate exempt under \u00a7\u00a7 34-26, 34-27 and 34-29. The following or equivalent words shall be sufficient to operate as the waiver hereinbefore provided for: “I (or we) waive the benefit of my (or our) exemption as to this obligation.” If a debt which is superior to the homestead, or as to which the homestead is waived, be paid off by a surety therein, the principal shall not be allowed to claim the homestead as against such surety.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/34-22\/","history_text":false,"references":[{"id":79654,"section_number":"49-12","catch_line":"Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause","order_by":null,"url":"\/49-12\/"}],"refers_to":[{"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\/"}],"permalink":{"id":208017,"object_type":"law","relational_id":82632,"identifier":"34-22","token":"34\/2\/34-22","url":"\/34-22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/34-22\/","token":"34\/2\/34-22","dublin_core":{"Title":"Waiver of exemption; its effect; form of waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 34-22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person shall declare in a bond<\/span>, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he waives<\/span>, as to such obligation, the exemption<\/span> from liability of the property or estate which he may be entitled to claim and hold exempt<\/span> under the provisions of this chapter, such property or estate, whether previously set apart or not, shall be liable to be subjected for such obligation, under legal process, in like manner and to the same extent as other property or estate of such person. But such waiver<\/span> shall not extend to or affect the exemption<\/span> of the property or estate exempt<\/span> under \u00a7\u00a7 34-26<\/a>, 34-27<\/a> and 34-29<\/a>. The following or equivalent words shall be sufficient to operate as the waiver<\/span> hereinbefore provided for: “I (or we) waive<\/span> the benefit of my (or our) exemption<\/span> as to this obligation.” If a debt<\/span> which is superior to the homestead, or as to which the homestead is waived, be paid off by a surety<\/span> therein, the principal shall not be allowed to claim the homestead as against such surety<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAIVER OF EXEMPTION; ITS EFFECT; FORM OF WAIVER (\u00a7 34-22)\n\nIf any person shall declare in a bond, bill, note or other instrument by which\nhe is or may become liable for the payment of money to another or by a writing\nthereon or annexed thereto that he waives, as to such obligation, the exemption\nfrom liability of the property or estate which he may be entitled to claim and\nhold exempt under the provisions of this chapter, such property or estate,\nwhether previously set apart or not, shall be liable to be subjected for such\nobligation, under legal process, in like manner and to the same extent as other\nproperty or estate of such person. But such waiver shall not extend to or affect\nthe exemption of the property or estate exempt under \u00a7\u00a7 34-26, 34-27 and\n34-29. The following or equivalent words shall be sufficient to operate as the\nwaiver hereinbefore provided for: “I (or we) waive the benefit of my (or\nour) exemption as to this obligation.” If a debt which is superior to the\nhomestead, or as to which the homestead is waived, be paid off by a surety\ntherein, the principal shall not be allowed to claim the homestead as against\nsuch surety.\n\nHISTORY: Code 1919, \u00a7 6548.","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}}