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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68844</law_id><section_number>34-25</section_number><catch_line>When homestead waived judgments and executions to so state</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="34">Homestead and Other Exemptions</unit><unit label="chapter" level="2" order_by="1" identifier="2">Homestead Exemption of Householder</unit></structure><text>
						<section><p>Whenever a <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the <span class="dictionary">court</span> shall include in its <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> words to the following effect, as the case may be: &#x201C;Upon an instrument waiving the homestead,&#x201D; or &#x201C;upon a claim against which the homestead cannot be demanded.&#x201D; This statement shall be endorsed upon the executions issued upon such <span class="dictionary">judgments</span> or <span class="dictionary">decrees</span>. In any action or suit when it is not apparent from the face of the <span class="dictionary">pleadings</span> that the demand is not subject to the <span class="dictionary">homestead exemption</span> the <span class="dictionary">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 <span class="dictionary">homestead exemption</span>. But no <span class="dictionary">presumption</span> of nonwaiver or that the <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any <span class="dictionary">judgment</span>, execution or <span class="dictionary">decree</span> on the matters provided for by this section.</p></section></text><history>Code 1919, &#xA7; 6551.</history><metadata></metadata></law>
