{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-316.html"}],"law_id":70090,"edition_id":1,"section_id":70090,"structure_id":15378,"section_number":"64.2-316","catch_line":"Presumptions","history":"1982, c. 456, \u00a7 64.1-198; 2012, c. 614.","full_text":"In determining whether this article applies to specific property, the following rebuttable presumptions apply:\n\n1\n\nProperty acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which this article applies; and2\n\nReal property situated in the Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this article applies.","order_by":null,"text":{"0":{"id":253125,"text":"In determining whether this article applies to specific property, the following rebuttable presumptions apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":253126,"text":"Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which this article applies; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":253127,"text":"Real property situated in the Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this article applies.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":15378,"edition_id":1,"name":"Uniform Disposition of Community Property Rights at Death Act","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":273079,"object_type":"structure","relational_id":15378,"identifier":"3","token":"64.2\/II\/3\/3","url":"\/64.2\/II\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61299,"structure_id":15378,"section_number":"64.2-315","catch_line":"Application","url":"\/64.2-315\/","token":"64.2\/II\/3\/3\/64.2-315","metadata":false},{"id":70090,"structure_id":15378,"section_number":"64.2-316","catch_line":"Presumptions","url":"\/64.2-316\/","token":"64.2\/II\/3\/3\/64.2-316","metadata":false},{"id":75800,"structure_id":15378,"section_number":"64.2-317","catch_line":"Disposition upon death","url":"\/64.2-317\/","token":"64.2\/II\/3\/3\/64.2-317","metadata":false},{"id":75288,"structure_id":15378,"section_number":"64.2-318","catch_line":"Perfection of title of surviving spouse","url":"\/64.2-318\/","token":"64.2\/II\/3\/3\/64.2-318","metadata":false},{"id":79900,"structure_id":15378,"section_number":"64.2-319","catch_line":"Perfection of title of personal representative, heir or devisee","url":"\/64.2-319\/","token":"64.2\/II\/3\/3\/64.2-319","metadata":false},{"id":79329,"structure_id":15378,"section_number":"64.2-320","catch_line":"Purchaser for value or lender","url":"\/64.2-320\/","token":"64.2\/II\/3\/3\/64.2-320","metadata":false},{"id":80466,"structure_id":15378,"section_number":"64.2-321","catch_line":"Creditor's rights","url":"\/64.2-321\/","token":"64.2\/II\/3\/3\/64.2-321","metadata":false},{"id":75701,"structure_id":15378,"section_number":"64.2-322","catch_line":"Acts of married persons","url":"\/64.2-322\/","token":"64.2\/II\/3\/3\/64.2-322","metadata":false},{"id":58563,"structure_id":15378,"section_number":"64.2-323","catch_line":"Limitations on testamentary disposition","url":"\/64.2-323\/","token":"64.2\/II\/3\/3\/64.2-323","metadata":false},{"id":69872,"structure_id":15378,"section_number":"64.2-324","catch_line":"Uniformity of application and construction","url":"\/64.2-324\/","token":"64.2\/II\/3\/3\/64.2-324","metadata":false}],"previous_section":{"id":61299,"structure_id":15378,"section_number":"64.2-315","catch_line":"Application","url":"\/64.2-315\/","token":"64.2\/II\/3\/3\/64.2-315","metadata":false},"next_section":{"id":75800,"structure_id":15378,"section_number":"64.2-317","catch_line":"Disposition upon death","url":"\/64.2-317\/","token":"64.2\/II\/3\/3\/64.2-317","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-316\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 456 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 1982 \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 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":273085,"object_type":"law","relational_id":70090,"identifier":"64.2-316","token":"64.2\/II\/3\/3\/64.2-316","url":"\/64.2-316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-316\/","token":"64.2\/II\/3\/3\/64.2-316","dublin_core":{"Title":"Presumptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In determining whether this article applies to specific property, the following rebuttable presumptions<\/span> apply:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction<\/span> under whose laws<\/span> property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which this article applies; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Real property situated in the Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction<\/span> under whose laws<\/span> property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this article applies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTIONS (\u00a7 64.2-316)\n\nIn determining whether this article applies to specific property, the following\nrebuttable presumptions apply:\n\n1. Property acquired during marriage by a spouse of that marriage while\ndomiciled in a jurisdiction under whose laws property could then be acquired as\ncommunity property is presumed to have been acquired as, or to have become and\nremained, property to which this article applies; and\n\n2. Real property situated in the Commonwealth and personal property wherever\nsituated acquired by a married person while domiciled in a jurisdiction under\nwhose laws property could not then be acquired as community property, title to\nwhich was taken in a form which created rights of survivorship, is presumed not\nto be property to which this article applies.\n\nHISTORY: 1982, c. 456, \u00a7 64.1-198; 2012, c. 614.","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}}