                                 CODE OF VIRGINIA

WHEN HOMESTEAD WAIVED JUDGMENTS AND EXECUTIONS TO SO STATE (§ 34-25)

Whenever a judgment or decree is rendered on an instrument waiving the homestead
or upon a demand against which the homestead cannot be claimed the court shall
include in its judgment or decree words to the following effect, as the case may
be: &#8220;Upon an instrument waiving the homestead,&#8221; or &#8220;upon a
claim against which the homestead cannot be demanded.&#8221; This statement
shall be endorsed upon the executions issued upon such judgments or decrees. In
any action or suit when it is not apparent from the face of the pleadings that
the demand is not subject to the homestead exemption the plaintiff 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 homestead
exemption. But no presumption of nonwaiver or that the judgment or decree was
rendered upon a demand against which homestead could be claimed is to be drawn
from the silence of any judgment, execution or decree on the matters provided
for by this section.

HISTORY: Code 1919, § 6551.