§ 64.1-16.4. Rights in family residence
Until the surviving spouse'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 § 64.1-1 and the deceased spouse 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 deceased spouse's augmented estate, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If such surviving spouse is deprived of the principal family residence and curtilage, he or she may, on complaint of unlawful entry or detainer, recover the possession thereof, with damages for the time the surviving spouse was so deprived; but nothing in this section shall be construed to impair the lien or delay the enforcement thereof of any state, city or county for the taxes assessed upon the property.
(1990, c. 831.)
Sections: Previous 64.1-8.1 64.1-9 64.1-10 64.1-11 64.1-12 64.1-13 64.1-14 64.1-15 64.1-16 64.1-16.1 64.1-16.2 64.1-16.3 64.1-16.4 64.1-17 64.1-18 NextLast modified: April 16, 2009