Va. Code Ann. § 20-111
Decree of divorce from bond of matrimony extinguishes contingent property rights
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Upon the entry of a decree of divorce from the bond of matrimony, all contingent rights of either consort in the real and personal property of the other then existing, or thereafter acquired, including the right of survivorship in real or personal property title to which is vested in the parties as joint tenants or as tenants by the entirety, with survivorship as at common law, shall be extinguished, and such estate by the entirety shall thereupon be converted into a tenancy in common.
Code 1919, § 5111; 1926, p. 105; 1927, p. 184; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p. 593.
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1953–2025 · leading case: Smith v. Smith
Smith v. Smith (1958)
“Since a divorce decree had been entered, Code 1950, section 20-111 applied, converting the tenancy by entireties into a tenancy in common.”
Adam H. Fox v. Jessica C. Fox (2012)
“Pursuant to Code § 20-111, upon a final decree of divorce, property owned as tenants by the entirety becomes property owned by tenants in common by operation of law.”
Gant v. Gant (1989)
“EFFECT OF DIVORCE The appeal is based upon the theory that Code § 20-111 * operates to extinguish all contingent rights of survivorship of either spouse in jointly held property at the time of entry of a final decree of divorce, and that this extinguishing effect extends, by the…”
Gaynor v. Hird (1992)
“Code § 20-111. Ms. Gaynor contends that the trial court erred (1) in refusing to credit her one-half the fair market rental value of the property, which was occupied exclusively by Mr.”
Sundin v. Klein (1980)
“at 622 , and (2) the effect of the rule set forth in Code § 20-111, supra note 2, that, when tenants by the entirety are divorced by final decree and nothing more appears than the fact of divorce, each is entitled, as a tenant in common, to an undivided one-half interest in the…”
Lightburn v. Lightburn (1996)
“A tenancy by the entirety is defined in part by a marriage between the cotenants, and without such a marriage the tenancy cannot exist. Gant v. Gant, 237 Va. 588, 591-92 , 379 S.”
Hunter v. Citifinancial, Inc. (In Re Hunter) (2002)
“685, 687 (1927); Va.Code § 20-111 (1950). Almost all states have abolished survivorship in joint estates.”
Grisso v. Nolen (2001)
“Code § 20-111. Similarly, to the extent that the authority to determine the disposition of a decedent’s remains is a quasi-property right of a surviving spouse, Goldman, 168 Va.”
Hausman v. Hausman (1987)
“” Code § 20-111. Two days after entry of the divorce decree, Barry filed the present suit seeking partition of the prop *3 erty pursuant to Code §§ 8.”
Terry v. Paschall (In Re Paschall) (2009)
“Va.Code Ann. § 20-111; see also Cordova v.”
Wilson v. Wilson (1954)
“Section 20-111 of the Code provides that by a decree of divorce *1071 from the bond of matrimony contingent property rights are abolished.”
Jenkins v. Jenkins (1971)
“The tenancy by the entirety under which the parties had owned certain real property in Fairfax County was thereby converted into a tenancy in common under the provisions of Code § 20-111. Mrs. Jenkins thereafter continued to reside in the property with the five minor children…”
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