{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/34-25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/34-25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/34-25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/34-25.html"}],"law_id":68844,"edition_id":1,"section_id":68844,"structure_id":13372,"section_number":"34-25","catch_line":"When homestead waived judgments and executions to so state","history":"Code 1919, \u00a7 6551.","full_text":"Whenever a judgment or decree is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the court shall include in its judgment or decree words to the following effect, as the case may be: “Upon an instrument waiving the homestead,” or “upon a claim against which the homestead cannot be demanded.” This statement shall be endorsed upon the executions issued upon such judgments or decrees. In any action or suit when it is not apparent from the face of the pleadings that the demand is not subject to the homestead exemption the plaintiff shall not have the benefit of the foregoing provision of this section unless in his declaration he alleges that his demand is not subject to such homestead exemption. But no presumption of nonwaiver or that the judgment or decree was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any judgment, execution or decree on the matters provided for by this section.","order_by":null,"text":{"0":{"id":249214,"text":"Whenever a judgment or decree is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the court shall include in its judgment or decree words to the following effect, as the case may be: “Upon an instrument waiving the homestead,” or “upon a claim against which the homestead cannot be demanded.” This statement shall be endorsed upon the executions issued upon such judgments or decrees. In any action or suit when it is not apparent from the face of the pleadings that the demand is not subject to the homestead exemption the plaintiff shall not have the benefit of the foregoing provision of this section unless in his declaration he alleges that his demand is not subject to such homestead exemption. But no presumption of nonwaiver or that the judgment or decree was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any judgment, execution or decree on the matters provided for by this section.","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":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},"next_section":{"id":86197,"structure_id":13372,"section_number":"34-4","catch_line":"Exemption created","url":"\/34-4\/","token":"34\/2\/34-4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/34-25\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":208029,"object_type":"law","relational_id":68844,"identifier":"34-25","token":"34\/2\/34-25","url":"\/34-25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/34-25\/","token":"34\/2\/34-25","dublin_core":{"Title":"When homestead waived judgments and executions to so state","Type":"Text","Format":"text\/html","Identifier":"\u00a7 34-25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever a judgment<\/span> or decree<\/span> is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the court<\/span> shall include in its judgment<\/span> or decree<\/span> words to the following effect, as the case may be: “Upon an instrument waiving the homestead,” or “upon a claim against which the homestead cannot be demanded.” This statement shall be endorsed upon the executions issued upon such judgments<\/span> or decrees<\/span>. In any action or suit when it is not apparent from the face of the pleadings<\/span> that the demand is not subject to the homestead exemption<\/span> the plaintiff<\/span> shall not have the benefit of the foregoing provision of this section unless in his declaration he alleges that his demand is not subject to such homestead exemption<\/span>. But no presumption<\/span> of nonwaiver or that the judgment<\/span> or decree<\/span> was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any judgment<\/span>, execution or decree<\/span> on the matters provided for by this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN HOMESTEAD WAIVED JUDGMENTS AND EXECUTIONS TO SO STATE (\u00a7 34-25)\n\nWhenever a judgment or decree is rendered on an instrument waiving the homestead\nor upon a demand against which the homestead cannot be claimed the court shall\ninclude in its judgment or decree words to the following effect, as the case may\nbe: “Upon an instrument waiving the homestead,” or “upon a\nclaim against which the homestead cannot be demanded.” This statement\nshall be endorsed upon the executions issued upon such judgments or decrees. In\nany action or suit when it is not apparent from the face of the pleadings that\nthe demand is not subject to the homestead exemption the plaintiff shall not\nhave the benefit of the foregoing provision of this section unless in his\ndeclaration he alleges that his demand is not subject to such homestead\nexemption. But no presumption of nonwaiver or that the judgment or decree was\nrendered upon a demand against which homestead could be claimed is to be drawn\nfrom the silence of any judgment, execution or decree on the matters provided\nfor by this section.\n\nHISTORY: Code 1919, \u00a7 6551.","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}}