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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79802</law_id><section_number>64.2-308.16</section_number><catch_line>Rights in family residence</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="64.2">Wills, Trusts, and Fiduciaries</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Wills and Decedents' Estates</unit><unit label="chapter" level="3" order_by="1" identifier="3">Rights of Married Persons</unit><unit label="article" level="4" order_by="1" identifier="1.1">Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017</unit></structure><text>
						<section><p>Until the surviving spouse&#x2019;s rights in the principal family residence have been determined and satisfied by an agreement between the parties or a final <span class="dictionary">court</span> <span class="dictionary">decree</span>, in cases (i) where the principal family residence passes under the provisions of &#xA7;&#xA0;<a class="law" title="Course of descents generally; right of Commonwealth if no other heir" href="/64.2-200/">64.2-200</a> and the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, or (ii) where the surviving spouse claims an elective share in the decedent&#x2019;s augmented estate under this article, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If the surviving spouse is deprived of <span class="dictionary">possession</span> of the principal family residence and curtilage, upon the filing of a complaint for unlawful entry or detainer, he is entitled to recover <span class="dictionary">possession</span> of such residence and <span class="dictionary">damages</span> sustained by him by reason of such deprivation during the time he was so deprived. Nothing in this section shall be construed to impair the <span class="dictionary">lien</span> or delay the enforcement of such <span class="dictionary">lien</span> of the Commonwealth or any locality for the taxes assessed upon the property.</p></section></text><history>2016, cc. 187, 269.</history><metadata></metadata></law>
