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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70205</law_id><section_number>11-8</section_number><catch_line>Instruments executed by minors or surviving spouses to obtain benefits under certain federal legislation</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="11">Contracts</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Any person under the age of 18 or surviving spouse who has not remarried who is eligible for a guaranty of credit under the provisions of Title III of an Act of Congress of the United States approved June 22, 1944, entitled the &#x201C;Servicemen&#x2019;s Readjustment Act of 1944,&#x201D; as now or hereafter amended, or other like federal <span class="dictionary">law</span>, shall be upon complying with the terms of this section, qualified to <span class="dictionary">contract</span> for and purchase any real or personal property with respect to which the guaranteed loan is to be made, to execute the note or other <span class="dictionary">evidence</span> of the loan indebtedness and to secure the debt by the execution of a deed of trust or chattel mortgage, or other instrument, upon the real or personal property acquired as aforesaid in connection with the proposed loan or theretofore acquired by such person, whether by purchase or otherwise, and such person shall, in all respects, be bound by such <span class="dictionary">contracts</span> or other instruments entered into as though he were of full age.
		When any such person is under the age of 18 years, no <span class="dictionary">contract</span>, note, deed of trust, mortgage, or other instrument required to obtain benefits under such federal legislation shall be executed by such person unless the <span class="dictionary">circuit</span> or corporation <span class="dictionary">court</span> of the city or county, or <span class="dictionary">judge</span> thereof in vacation, in which the property is located or to be used, after a <span class="dictionary">petition</span> signed by any such person has been filed with it or him, approves the same. Such <span class="dictionary">petition</span> shall set forth the <span class="dictionary">facts</span> pertaining to the proposed transaction and shall state why the <span class="dictionary">judge</span> or <span class="dictionary">court</span> should approve and authorize the execution of the necessary instruments.
		The <span class="dictionary">petition</span> shall be heard by the <span class="dictionary">court</span> without a <span class="dictionary">jury</span>, and its decision thereon shall be final. A <span class="dictionary">guardian ad litem</span> shall be appointed who shall make an investigation and report in writing whether in his <span class="dictionary">opinion</span> the best interest of the petitioner would be served by permitting the petitioner to enter into such transaction, and the report shall be filed with the papers in the case. No such <span class="dictionary">petition</span> shall be approved by the <span class="dictionary">court</span> unless such approval is recommended by the report of the <span class="dictionary">guardian ad litem</span> and unless it is also recommended by the <span class="dictionary">testimony</span> of at least two disinterested and qualified witnesses appointed by the <span class="dictionary">court</span>, or the <span class="dictionary">judge</span> thereof in vacation. The <span class="dictionary">order</span> of approval shall recite the recommendation of the <span class="dictionary">guardian ad litem</span> and the witnesses and also their names and addresses. And the <span class="dictionary">judge</span> of the <span class="dictionary">court</span> <span class="dictionary">hearing</span> the case shall fix a reasonable fee for the attorneys and guardians ad litem.
		The <span class="dictionary">court</span>, if of <span class="dictionary">opinion</span> that entry into such transaction would benefit the petitioner, shall approve the prayer of the <span class="dictionary">petition</span>, and the petitioner, if he enters into such transaction and executes any instrument required therein, shall be bound thereby as if of full age whether all or part of the obligation secured is so guaranteed.
		All rights that have accrued or obligations that have arisen under this section prior to January 30, 1947, are hereby declared valid and binding.
		If the <span class="dictionary">court</span> approves the prayer of the <span class="dictionary">petition</span>, such approval shall operate to vest title and confer the power to encumber or convey title to real or personal property acquired pursuant to such approval.
		Any infant spouse of an infant veteran permitted by the <span class="dictionary">court</span> to make loans under this section may unite in any conveyance to effectuate such a loan as if he were a spouse of an adult signing as provided under the provisions of former &#xA7;&#xA0;55-42, relating to the removal of disability of infancy in certain cases.</p></section></text><history>1946, p. 432; Michie Suppl. 1946, &#xA7; 5760a; 1947, p. 102; 1954, c. 602; 1972, c. 825; 2020, c. 900.</history><metadata></metadata></law>
