reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 44 - Public Accountants › § 54.1-4423. Use of consultants in investigations

A. The Board may develop a roster of consultants and may contract with consultants to assist the Board in investigating and evaluating violations of the provisions of this chapter and regulations promulgated by the Board and to provide expert testimony as necessary in any subsequent administrative hearing or court proceeding. The consultants' compensation shall be determined and paid by the Board.
B. Any consultant under contract with the Board shall have immunity from civil liability resulting from any communication, finding, opinion, or conclusion made in the course of his duties unless the person acted in bad faith or with malicious intent.
2003, c. 291; 2007, c. 804.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 44 - Public Accountants › § 54.1-4424. Certain information not to be made public

Tax returns, financial statements, and other financial information that is not generally available to the public through regulatory disclosure or otherwise, subdivision 3 of § 54.1-108 notwithstanding, provided to the Board by a complainant or as a result of an investigation of a licensee by the Board in response to a complaint shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
2012, c. 375.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 44 - Public Accountants › § 54.1-4425. Time for filing complaints against CPAs or CPA firms

A. Except as otherwise provided in subsections B and C, any complaint against the holder of a Virginia license for any violation of statutes or regulations pertaining to the Board or any of the programs that may be in another title of the Code for which the Board has enforcement responsibility, in order to be investigated by the Board, shall be made in writing, or otherwise made in accordance with Board procedures, and received by the Board within three years of the act, omission, or occurrence giving rise to the violation.
B. However, where a holder of a Virginia license has materially and willfully misrepresented, concealed, or omitted any information and the information so misrepresented, concealed, or omitted is material to the establishment of the violation, the complaint may be made at any time within two years after discovery of the misrepresentation, concealment, or omission.
C. In cases where criminal charges have been filed involving matters that, if found to be true, would also constitute a violation of the regulations or laws of the regulant's profession enforced by the Board, an investigation may be initiated by the Board at any time within two years following the date such criminal charges are filed.
D. In order to be investigated by the Board, any complaint against an individual using the CPA title in Virginia under the substantial equivalency provisions of § 54.1-4411 or against a firm providing attest services, compilation services, or financial statement preparation services under subsection C of § 54.4412.1 for any violation of statutes or regulations pertaining to the Board or any of the programs that may be in another title of this Code for which the Board has enforcement responsibility shall be made in writing, or otherwise made in accordance with Board procedures, and received by the Board within five years of the act, omission, or occurrence giving rise to the violation.
E. Public information obtained from any source may serve as the basis for a written complaint. Nothing in this section shall be construed to require the filing of a complaint if the alleged violation of the statute or regulation is discovered during an investigation authorized by law, and the acts, omissions, or conditions constituting the alleged violations are witnessed by a sworn investigator appointed by the Executive Director.
F. Nothing herein shall deny the right of any party to bring a civil cause of action in a court of law.
2013, c. 297; 2017, c. 403.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-100. Aliens may acquire, hold, and transmit real estate; when reciprocity required

Any alien, not an enemy, may acquire by purchase or descent and hold real estate in the Commonwealth, and such real estate shall be transmitted in the same manner as real estate held by citizens. However, if, at the time of the transfer, a court of the Commonwealth determines that the laws of a foreign country or sovereignty effectively deny a Virginia resident, legatee, or distributee the benefit, use, or control of money or other property held in such foreign country or sovereignty, a judgment or order issued in the Commonwealth concerning the rights of a resident of that foreign country or sovereignty to the benefit, use, or control of money or property held in the Commonwealth may direct that the money or property be paid into the court for the benefit of the alien. The money or property paid into court shall be paid out only upon order of the court or pursuant to the order or judgment of a court of competent jurisdiction. Any of the money or property remaining with the court upon expiration of three years from the decedent's death shall be paid out by the court as if the alien had predeceased the decedent.
Code 1919, § 66; Code 1950, § 55-1; 1993, c. 535; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-101. When deed or will necessary to convey estate; no parol partition or gift valid

A. No estate of inheritance or freehold in lands shall be conveyed unless by deed or will, and no voluntary partition of lands by coparceners, having such an estate in such land, shall be made except by deed. In addition, no right to a conveyance of any such estate or term in land shall accrue to the donee of the land or those claiming under him, under a gift or promise of gift of such estate or term in land not in writing, even if such gift or promise is followed by possession and improvement of the land by the donee or those claiming under him.
B. Any lease agreement or other written document conveying a non-freehold estate in land, which was entered into before, and which remains in effect as of, February 13, 2019, or which is entered into after February 13, 2019, shall not be invalid, unenforceable, or subject to repudiation by the parties to such agreement on account of, or otherwise affected by, the fact that the conveyance of the estate was not in the form of a deed.
Code 1919, § 5141; Code 1950, § 55-2; 2019, cc. 11, 49, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-102. When gift of personal property invalid

No gift of any personal property is valid (i) unless conveyed by deed or will or (ii) unless the donee or a person claiming under the donee has and remains in actual possession of such personal property. If the donor and donee reside together at the time of the gift, possession at the place of their residence is not a sufficient possession within the meaning of this section. This section shall not apply to personal paraphernalia used exclusively by the donee.
Code 1919, § 5142; Code 1950, § 55-3; 1973, c. 401; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-103. Suicide or attainder of felony

Neither suicide nor attainder of felony shall cause a corruption of blood or forfeiture of estate.
Code 1919, § 4762; Code 1950, § 55-4; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-104. Estates to lie in grant as well as in livery

All real estate shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery.
Code 1919, § 5146; Code 1950, § 55-5; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-105. Same estates may be created by deed as by will

Any interest in or claim to real estate, including easements in gross, may be transferred by deed or will. Any estate may be made to commence at a future date, by deed, in like manner as by will, and any estate that would be valid as an executory devise or bequest is valid if created by deed.
Code 1919, § 5147; Code 1950, § 55-6; 1962, c. 169; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-106. Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary

If any interest in or claim to real estate or personal property is disposed of by deed or will for life, with a limitation in remainder over, and the same instrument confers expressly or by implication a power upon the life tenant in his lifetime or by will to dispose absolutely of such property, the limitation in remainder over shall not fail, or be defeated, except to the extent that the life tenant lawfully exercised such power of disposal. A deed of trust or mortgage executed by the life tenant shall not be construed to be an absolute disposition of the estate, unless such estate is sold under the deed of trust or mortgage. A power of disposal held by any person in a fiduciary capacity under an express trust in writing shall not be deemed to be held by such fiduciary in a beneficial capacity and shall not be construed in any manner to enlarge the beneficial interest otherwise given to him under such trust.
Code 1919, § 5147; Code 1950, § 55-7; 1978, c. 659; 2005, c. 935; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-107. Default or surrender of tenant for life not to prejudice remainderman

If any tenant for life of land make default or surrender, the heirs or those entitled to the remainder may, before judgment, be admitted to defend their right or, after judgment, may assert their right without prejudice from such default or surrender.
Code 1919, § 5443; Code 1950, § 55-8; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-108. Conveyance of estate or interest in property by grantor to himself and another

Any person having an estate or interest in real or personal property may convey such estate or interest to himself or to himself and another or others, including to himself and his spouse as tenants by the entirety or otherwise, and the fact that one or more persons are both grantor or grantee or grantors and grantees in the same conveyance shall be no objection to the conveyance. The grantee or grantees in any such conveyance shall take title in like manner, and the estate vested in them shall be the same as if the conveyance had been made by one or more persons who are not also grantee or grantees.
All such conveyances made prior to July 1, 1986, are validated notwithstanding defects in the form thereof that do not affect vested rights.
1945, p. 39; Michie Suppl. 1946, § 5147a; Code 1950, § 55-9; 1986, c. 583; 1987, c. 186; 1999, c. 196; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-109. Deed valid for grantor's right; operation of warranty

A writing that purports to pass or assure a greater right or interest in real estate than the person making it may lawfully pass or assure shall operate as an alienation of such right or interest in such real estate as such person might lawfully convey or assure; and when the deed of the alienor mentions that he and his heirs will warrant what it purports to pass or assure, if anything descends from him, his heirs shall be barred for the value of what is so descended or liable for such value.
Code 1919, § 5148; Code 1950, § 55-10; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-110. Conveyance, devise, or grant without words of limitation

When any real estate is conveyed, devised, or granted to any person without any words of limitation, such conveyance, devise, or grant shall be construed to pass the fee simple or other whole estate or interest that the testator or grantor has power to dispose of in such real estate, unless a contrary intention is apparent in the conveyance, devise, or grant.
Code 1919, § 5149; Code 1950, § 55-11; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-111. Fee tail converted into fee simple

Every estate in lands so limited that, as the law was on October 7, 1776, such estate would have been an estate tail shall be deemed an estate in fee simple, and every limitation upon such an estate shall be held valid if the same would be valid when limited upon an estate in fee simple created by technical language.
Code 1919, § 5150; Code 1950, § 55-12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-112. Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished

Wherever any person by deed, will, or other writing takes an estate of freehold in land, or takes such an interest in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will, or writing an estate is afterwards limited by way of remainder to his heirs, or the heirs of his body, or his issue, the words "heirs," "heirs of his body," and "issue," or other words of like import used in the deed, will, or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body, or issue.
Code 1919, § 5152; Code 1950, § 55-14; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-115. When remainders not defeated

The alienation of a particular estate on which a remainder depends, or the union of such estate with the inheritance by purchase or descent, shall not operate, by merger or otherwise, to defeat, impair, or otherwise affect such remainder.
Code 1919, § 5154; Code 1950, § 55-16; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-116. In what conveyances possession transferred to the use

By deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seized to the use, or deed operating by way of covenant to stand seized to the use, the possession of the grantor shall be deemed transferred to the grantee or other person entitled to the use, for the estate or interest that such person has in the use, as perfectly as if the grantee or other person entitled to the use had been enfeoffed with livery of seisin of the land intended to be conveyed by such deed or covenant.
Code 1919, § 5155; Code 1950, § 55-17; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-118. Deed of release effectual

Every deed of release of any estate or interest capable of passing by deed of lease or release shall be as effectual for the purposes expressed in such deed of release, without the execution of a lease, as if the same had been executed.
Code 1919, § 5156; Code 1950, § 55-18; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-119. When person not a party, etc., may take or sue under instrument

An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made jointly with others, such person, whether named in the instrument or not, may maintain in his own name any action thereon that he might maintain as though it had been made with him only and the consideration had moved from him to the party making such covenant or promise. In such action, the covenantor or promisor shall be permitted to make all defenses he may have, not only against the covenantee or promisee, but also against such beneficiary.
Code 1919, § 5143; Code 1950, § 55-22; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-120. Informalities in deeds made by attorneys-in-fact

If, in a deed made by one as attorney-in-fact for another, the words of conveyance or the signature is in the name of the attorney, it is as much the principal's deed as if the words of conveyance or the signature were in the name of the principal by the attorney, if it is manifest on the face of the deed that it should be construed to be that of the principal to give effect to its intent.
Code 1919, § 5145; Code 1950, § 55-23; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-121. Time for objections to irregularities in advertising sales made by trustees

All deeds made and executed prior to January 1, 1940, by trustees conveying property sold under deeds of trust in which default was made in the debt secured and as to which irregularities in advertising such sales have occurred shall be held and the same are hereby declared valid in all respects, if otherwise valid according to law then in force, after the expiration of 15 years from the date on which such sale was made by such trustees.
1924, p. 308; Michie Code 1942, § 5827b; Code 1950, § 55-24; 1952, c. 375; 1960, c. 105; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-122. Recovery at death of life tenant of taxes paid on life estate

When any person dies possessed of a life estate in real estate that was assessed with taxes in the name of such life tenant for the year in which such life tenant dies and such taxes are paid for that year by any person other than the remainderman entitled to such real estate, such person or his estate so paying such taxes shall be entitled to recover from such remainderman such proportionate part of the sum so paid as that part of the year following the death of the life tenant bears to the entire year, provided, however, that if upon the death of the life tenant the real estate shall come into the possession of another life tenant, such recovery shall be had from the subsequent life tenant and not from the remainderman.
1932, p. 331; Michie Code 1942, § 5392a; Code 1950, § 55-25; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-123. Removal of a cloud on title; nature of plaintiff's title

When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.
Code 1919, § 6248; Code 1950, § 55-153; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-124. Uniform Statutory Rule Against Perpetuities

A. A nonvested property interest is invalid unless:
1. When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
2. The interest either vests or terminates within 90 years after its creation.
B. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
1. When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
2. The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
C. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
1. When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
2. The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
D. In determining whether a nonvested property interest or a power of appointment is valid under subdivision A 1, B 1, or C 1, the possibility that a child will be born to an individual after the individual's death is disregarded.
E. If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (a) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (b) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
2000, c. 714, § 55-12.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-125. When nonvested property interest or power of appointment created

A. Except as provided in subsections B and C and in § 55.1-128, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
B. For the purposes of §§ 55.1-124 through 55.1-129, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection B or C in § 55.1-124, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
C. For the purposes of §§ 55.1-124 through 55.1-129, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
2000, c. 714, § 55-12.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-126. Reformation

Upon the petition of an interested person, a circuit court in the county or city in which the affected property or the greater part of such property is located shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by subdivision A 2, B 2, or C 2 of § 55.1-124 if:
1. A nonvested property interest or a power of appointment becomes invalid under § 55.1-124;
2. A class gift is not but might become invalid under § 55.1-124 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
3. A nonvested property interest that is not validated by subdivision A 1 of § 55.1-124 can vest but not within 90 years after its creation.
2000, c. 714, § 55-12.3; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-127. Exclusions from statutory rule against perpetuities

A. Section 55.1-124 does not apply to:
1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement; (ii) a separation or divorce settlement; (iii) a spouse's election; (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; (v) a contract to make or not to revoke a will or trust; (vi) a contract to exercise or not to exercise a power of appointment; (vii) a transfer in satisfaction of a duty of support; or (viii) a reciprocal transfer;
2. A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
3. A power to appoint a fiduciary;
4. A discretionary power of trustee to distribute principal before termination of a trust to a beneficiary having an indefensibly vested interest in the income and principal;
5. A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
6. A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;
7. A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of the Commonwealth; or
8. A nonvested interest in or power of appointment over personal property held in trust, or a power of appointment over personal property granted under a trust, if the trust instrument, by its terms, provides that § 55.1-124 shall not apply.
B. The exception to the Uniform Statutory Rule Against Perpetuities under subdivision A 8 shall not extend to real property held in trust. For purposes of this subsection, real property does not include an interest in a corporation, limited liability company, partnership, business trust, or other entity, even if such entity owns an interest in real property.
2000, c. 714, § 55-12.4; 2013, c. 323; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-128. Prospective application

Sections 55.1-124 through 55.1-129 apply to a nonvested property interest or a power of appointment that is created on or after July 1, 2000. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
2000, c. 714, § 55-12.5; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-129. Uniformity of application and construction

Sections 55.1-124 through 55.1-129 shall be applied and construed to effectuate their general purpose to make the law uniform with respect to the rule against perpetuities among states enacting it.
2000, c. 714, § 55-12.6; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-130. Certain limitations construed

Every limitation in any deed or will contingent upon the dying of any person without heirs, heirs of the body, issue, issue of the body, children, offspring or descendants, or other relatives shall be construed a limitation to take effect when such person dies not having such heir, issue, child, offspring, descendant, or other relative, as the case may be, living at the time of his death, or born to him within 10 months after his death, unless the intention of such limitation be otherwise plainly declared on the face of the deed or will creating it.
Code 1919, § 5151; Code 1950, § 55-13; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-131. Employee trusts

Pension, profit sharing, stock bonus, annuity, or other employee trusts established by employers for the purpose of distributing the income and principal of such trust to some or all of their employees, or the beneficiaries of such employees, shall not be invalid as violating any laws or rules against perpetuities or restraints on the power of alienation of title to property; but such trusts may continue for such period of time as may be required by their provisions to accomplish the purposes for which they are established.
1950, p. 740, § 55-13.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-132. Determination of "lives in being" for purpose of rule against perpetuities

A. For the purpose of determining whether the terms of an inter vivos trust provide for a duration in excess of that allowed under the rule against perpetuities, the determination of "lives in being" shall be made as of the death of the settlor, if the settlor has at his death the unrestricted right, acting alone, to revoke the trust or to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. In the event that the settlor surrenders both such rights at any time prior to his death, the determination of "lives in being" shall be made as of the time that the settlor, upon establishment of the trust or otherwise, surrenders the unrestricted right acting alone to revoke the trust and the unrestricted right acting alone to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust.
B. This section shall apply only to a nonvested property interest in an inter vivos trust created before July 1, 2000.
1966, c. 260, § 55-13.2; 2000, c. 714; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-133. Application of the rule against perpetuities to nondonative transfers

A. Except for the transactions set forth in § 55.1-127, which are governed by the provisions of §§ 55.1-124 through 55.1-129, a nondonative transfer of an interest in property fails, if the interest does not vest, if it ever vests, within the period of the common-law rule against perpetuities.
B. The provisions of this section (i) in force on June 30, 2000, shall apply to all donative interests created on or after July 1, 1982, and before July 1, 2000, and (ii) in force on July 1, 2000, shall apply to all nondonative interests created on or after July 1, 1982.
1982, c. 249, § 55-13.3; 2000, cc. 658, 714; 2013, c. 323; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-134. Survivorship between joint tenants abolished

A. When any joint tenant dies, before or after the vesting of the estate, whether the estate is real or personal, or whether partition could have been compelled or not, his part shall descend to his heirs, pass by devise, or go to his personal representative, subject to debts or distribution, as if he had been a tenant in common.
B. This section shall not apply to any estate that joint tenants have as fiduciaries or to any real or personal property transferred to persons in their own right when it manifestly appears from the tenor of the instrument transferring such property or memorializing the existence of a chose in action that it was intended the part of the one dying should then belong to the others. This section does not affect the mode of proceeding on any joint judgment or order in favor of or on any contract with two or more one of whom dies.
Code 1919, §§ 5159, 5160; Code 1950, §§ 55-20, 55-21; 1990, c. 831; 1999, c. 196; 2001, c. 718; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-135. Joint ownership in real and personal property

Any persons may own real or personal property as joint tenants with or without a right of survivorship. When any person causes any real or personal property, or any written memorial of a chose in action, to be titled, registered, or endorsed in the name of two or more persons "jointly," as "joint tenants," in a "joint tenancy," or other similar language, such persons shall own the property in a joint tenancy without survivorship as provided in § 55.1-134. If, in addition, the expression "with survivorship," or any equivalent language, is employed in such titling, registering, or endorsing, it shall be presumed that such persons are intended to own the property as joint tenants with the right of survivorship as at common law. This section is not applicable to multiple party accounts under Article 2 (§ 6.2-604 et seq.) of Chapter 6 of Title 6.2 or to any other matter specifically governed by another provision of the Code.
If any real or personal property is conveyed or devised to spouses, they shall take and hold such property by moieties in the same manner as if a distinct moiety had been given to each spouse by a separate conveyance, unless language as provided in this section or in § 55.1-136 is used that designates the tenancy as a joint tenancy or a tenancy by the entirety and all requirements for holding property by such tenancy are met.
Code 1919, § 5160; Code 1950, § 55-21; 1999, c. 196, § 55-20.1; 2000, c. 331; 2001, c. 718; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-136. Tenants by the entirety in real and personal property; certain trusts

A. Spouses may own real or personal property as tenants by the entirety for as long as they are married. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. An intent that the part of the one dying should belong to the other shall be manifest from a designation of the spouses as "tenants by the entireties" or "tenants by the entirety."
B. Except as otherwise provided by statute, no interest in real property held as tenants by the entirety shall be severed by written instrument unless the instrument is a deed signed by both spouses as grantors.
C. Notwithstanding any contrary provision of § 64.2-747, any property of spouses that is held by them as tenants by the entirety and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, and any proceeds of the sale or disposition of such property, shall have the same immunity from the claims of their separate creditors as it would if it had remained a tenancy by the entirety, so long as (i) they remain married to each other, (ii) it continues to be held in the trust or trusts, and (iii) it continues to be their property, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts. The immunity from the claims of separate creditors under this subsection may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses.
2001, c. 718, § 55-20.2; 2006, c. 281; 2015, c. 424; 2017, c. 38; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-137. Creation of solar easements

Any easement obtained for the purpose of exposure of solar energy equipment, facilities, or devices shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements.
1978, c. 323, § 55-353; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 1 - Creation and Limitation of Estates › § 55.1-138. Contents of solar easement agreements

Any instrument creating a solar easement shall include, at a minimum:
1. The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
2. Any terms or conditions under which the solar easement is granted or will be terminated; and
3. Any provisions for compensation of the owner of the property subject to the solar easement.
1978, c. 323, § 55-354; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-200. How married persons may acquire and dispose of property

Married persons shall have the right to acquire, hold, use, control, and dispose of property as if they were unmarried. Such power of use, control, and disposition shall apply to all property of a married person. The marital rights of persons married to each other shall not entitle either spouse to the possession or use, or to the rents, issues, and profits, of such real estate of the other spouse during the coverture, nor shall the property of either spouse be subject to the debts or liabilities of the other spouse.
Code 1919, § 5134; 1932, p. 21; Code 1950, § 55-35; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-201. Contracts of, and actions by and against, married persons

A married person may contract and be contracted with and sue and be sued in the same manner and with the same consequences as if he were unmarried, regardless of the date on which the right or liability asserted by or against him accrued. In an action by a married person to recover for a personal injury inflicted on him, he may recover the entire damage sustained, including the personal injury and expenses arising out of the injury, whether chargeable to him or his spouse, notwithstanding that the spouse may be entitled to the benefit of his services about domestic affairs and consortium, and any sum recovered therein shall be chargeable with expenses arising out of the injury, including hospital, medical, and funeral expenses, and any person, including the spouse, partially or completely discharging such debts shall be reimbursed out of the sum recovered in the action, whensoever paid, to the extent that such payment was justified by services rendered or expenses incurred by the obligee, provided that written notice of such claim for reimbursement, and the amount and items thereof, shall be served on such married person and on the defendant prior to any settlement of the sum recovered by him, and no action for such injury, expenses, or loss of services or consortium shall be maintained by his spouse.
Code 1919, § 5134; 1932, p. 21; Code 1950, § 55-36; 1950, p. 460; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-202. Spouse not responsible for other spouse's contracts, etc.; mutual liability for necessaries; exception; responsibility of personal representative

Except as otherwise provided in this section, a spouse shall not be responsible for the other spouse's contract or tort liability to a third party, whether such liability arose before or after the marriage. The doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart, but shall in no event create any liability between such spouses as to each other. For the purposes of this section, liability shall not be imposed upon one spouse for health care furnished to the patient spouse who predeceases the nonpatient spouse. No lien arising out of a judgment under this section shall attach to the judgment debtors' principal residence held by them as tenants by the entirety or that was held by them as tenants by the entirety prior to the death of either spouse where the tenancy terminated as a result of the death of either spouse.
Code 1919, § 5134; 1932, p. 22; Code 1950, § 55-37; 1984, c. 504; 1985, c. 202; 2012, c. 45; 2019, c. 712; 2023, c. 798.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-203. Spouse's right of entry into land not barred by certain judgments; when a spouse may defend his right in lands that are his inheritance

A spouse shall not be barred of his right of entry into land by a judgment in the other spouse's lifetime by default or collusion, but after the other spouse's death may prosecute the same by any proper action; or, in the lifetime of the other spouse, if the other spouse will not appear or, against the spouse's consent, will render the spouse's lands during the coverture in an action against both spouses for lands that are the spouse's inheritance, the spouse may come at any time before judgment and defend his right.
Code 1919, § 5441; Code 1950, § 55-38; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-204. Rights of spouse not affected by other spouse's acts only

No conveyance or other act by one spouse only of any land that is the inheritance of the other spouse shall be or make any discontinuance thereof, or be prejudicial to the other spouse or his heirs or to any having right or title to the same by his death, but they may respectively enter into such land, according to their right and title in such land, as if no such conveyance or act had been done.
Code 1919, § 5442; Code 1950, § 55-39; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-205. Conveyance from married persons; effect on right of either spouse

When persons married to each other have signed and delivered a writing purporting to convey any estate, real or personal, such writing, whether recorded or not, shall (i) if delivered prior to January 1, 1991, operate to convey from the spouse her right of dower or his right of curtesy in the real estate embraced in such writing and (ii) if delivered after December 31, 1990, operate to manifest the spouse's written consent or joinder, as contemplated in § 64.2-305 or 64.2-308.9 to the transfer embraced in such writing. In either case, the writing passes from such spouse and his representatives all right, title, and interest of every nature that at the date of such writing he may have in any estate conveyed thereby as effectually as if he were at such date an unmarried person. If, in either case, the writing is a deed conveying a spouse's land, no covenant or warranty in such land on behalf of the other spouse joining in the deed shall operate to bind him any further than to convey his interest in such land, unless it is expressly stated that such spouse enters into such covenant or warranty for the purpose of binding himself personally.
Code 1919, § 5211; Code 1950, § 55-41; 1977, c. 147; 1990, c. 831; 1991, c. 625; 1992, cc. 617, 647; 2016, cc. 187, 269; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-206. How infant spouse may release interests in spouse's property

Notwithstanding the disability of infancy, on or after January 1, 1991, an infant spouse, whether married before or after January 1, 1991, may release his marital rights in the other spouse's real or personal property by uniting in any contract, deed, or other instrument executed by the other spouse or by a commissioner of a court pursuant to an order entered under §§ 8.01-67 through 8.01-77 or any other law with respect to the infant's property.
1992, cc. 617, 647, § 55-42.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-207. Appointment of attorney-in-fact by married person; effect of writing executed by such attorney

A married person, whether a resident of the Commonwealth or not, may, by power of attorney duly executed and acknowledged as prescribed in § 55.1-612 or 55.1-613, appoint an attorney-in-fact to execute and acknowledge, for him and in his name, any deed or other writing that he might execute. Every deed or other writing so executed by such attorney-in-fact in pursuance of such power of attorney while the same remains in force shall be valid and effectual, in all respects, to convey the interest and title of such married person in and to any real estate thereby conveyed or otherwise transferred.
Code 1919, § 5215; 1940, p. 53; Code 1950, § 55-43; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-208. How estate of a married person to pass at death

When a married person, having title to any estate, dies intestate, such estate, or any part of such estate, shall pass according to the provisions of Chapter 2 (§ 64.2-200 et seq.) of Title 64.2, subject to his debts.
Code 1919, § 5138; Code 1950, § 55-46; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-209. Equitable separate estates abolished

The estate known as the equitable separate estate no longer exists and any language in any writing, whenever executed, that purports to convey real property to a person as an equitable separate estate has no legal or equitable significance after January 1, 1991, except as provided in § 64.2-301 or 64.2-308.2.
1992, cc. 617, 647, § 55-47.01; 2016, cc. 187, 269; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 2 - Property Rights of Married Persons › § 55.1-210. Tangible personal property

No presumption of ownership of tangible personal property shall arise by operation of law to prefer one spouse of a marriage over the other if such presumption is based solely on the sex of the spouse.
1977, c. 76, § 55-47.1; 2019, c. 712.