                                 CODE OF VIRGINIA

INSTRUMENTS EXECUTED BY MINORS OR SURVIVING SPOUSES TO OBTAIN BENEFITS UNDER
CERTAIN FEDERAL LEGISLATION (§ 11-8)

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
&#8220;Servicemen&#8217;s Readjustment Act of 1944,&#8221; as now or hereafter
amended, or other like federal law, shall be upon complying with the terms of
this section, qualified to contract 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 evidence 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 contracts or other
instruments entered into as though he were of full age.
		When any such person is under the age of 18 years, no contract, note, deed of
trust, mortgage, or other instrument required to obtain benefits under such
federal legislation shall be executed by such person unless the circuit or
corporation court of the city or county, or judge thereof in vacation, in which
the property is located or to be used, after a petition signed by any such
person has been filed with it or him, approves the same. Such petition shall set
forth the facts pertaining to the proposed transaction and shall state why the
judge or court should approve and authorize the execution of the necessary
instruments.
		The petition shall be heard by the court without a jury, and its decision
thereon shall be final. A guardian ad litem shall be appointed who shall make an
investigation and report in writing whether in his opinion 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
petition shall be approved by the court unless such approval is recommended by
the report of the guardian ad litem and unless it is also recommended by the
testimony of at least two disinterested and qualified witnesses appointed by the
court, or the judge thereof in vacation. The order of approval shall recite the
recommendation of the guardian ad litem and the witnesses and also their names
and addresses. And the judge of the court hearing the case shall fix a
reasonable fee for the attorneys and guardians ad litem.
		The court, if of opinion that entry into such transaction would benefit the
petitioner, shall approve the prayer of the petition, 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 court approves the prayer of the petition, 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 court 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
§ 55-42, relating to the removal of disability of infancy in certain cases.

HISTORY: 1946, p. 432; Michie Suppl. 1946, § 5760a; 1947, p. 102; 1954, c. 602;
1972, c. 825; 2020, c. 900.