                                 CODE OF VIRGINIA

WAIVER OF EXEMPTION; ITS EFFECT; FORM OF WAIVER (§ 34-22)

If any person shall declare in a bond, bill, note or other instrument by which
he is or may become liable for the payment of money to another or by a writing
thereon or annexed thereto that he waives, as to such obligation, the exemption
from liability of the property or estate which he may be entitled to claim and
hold exempt under the provisions of this chapter, such property or estate,
whether previously set apart or not, shall be liable to be subjected for such
obligation, under legal process, in like manner and to the same extent as other
property or estate of such person. But such waiver shall not extend to or affect
the exemption of the property or estate exempt under §§ 34-26, 34-27 and
34-29. The following or equivalent words shall be sufficient to operate as the
waiver hereinbefore provided for: &#8220;I (or we) waive the benefit of my (or
our) exemption as to this obligation.&#8221; If a debt which is superior to the
homestead, or as to which the homestead is waived, be paid off by a surety
therein, the principal shall not be allowed to claim the homestead as against
such surety.

HISTORY: Code 1919, § 6548.