                                 CODE OF VIRGINIA

RIGHTS IN FAMILY RESIDENCE (§ 64.2-307)

Until the surviving spouse&#8217;s rights in the principal family residence have
been determined and satisfied by an agreement between the parties or a final
court decree, in cases (i) where the principal family residence passes under the
provisions of § 64.2-200 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&#8217;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 possession of the principal family residence and curtilage, upon the
filing of a complaint for unlawful entry or detainer, he is entitled to recover
possession of such residence and damages 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 lien or delay the enforcement of such lien of the
Commonwealth or any locality for the taxes assessed upon the property.

HISTORY: 1990, c. 831, § 64.1-16.4; 2012, c. 614.