If the householder does not set apart any real estate as before provided, or if what he does or has so set apart is not of the total value which he is entitled to hold exempt, he may, in addition to the property or estate which he is entitled to hold exempt under §§ 34-26, 34-27, 34-29, and 64.2-311, in the first case select and set apart by the writing required by § 34-14 to be held by him as exempt under §§ 34-4 and 34-4.1, so much of his personal estate as shall not exceed the total value which he is entitled to hold exempt and, in the latter case, personal estate, the value of which, when added to the value of the real estate set apart, does not exceed such total value.
For the purposes of this section, the exemption under § 34-4, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder or the householder's dependents may only be used for such property, and its proceeds as provided under § 34-20, and no other property.
Code 1919, § 6539; 1975, c. 466; 1980, c. 167; 1990, c. 942; 1993, c. 150; 2024, c. 656.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1981–2024 · leading case:
In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997).
In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997).
· cites it 6× “In the debtor’s original Schedule C (“Property Claimed Exempt”), he claimed an exemption under Va.Code Ann. § 34-13 in three cheeking accounts: one with George Mason Bank in the amount of $1.”
In Re Heater, 189 B.R. 629 (Bankr. E.D. Va. 1995).
· cites it 5× “” Va.Code Ann. § 34-13 (Michie 1990). A related statute mandates time limits within which a debtor must “set apart” homestead exempt property.”
In Re Cathcart, 203 B.R. 599 (Bankr. E.D. Va. 1996).
· cites it 2× “Indeed, it could be argued that Va. Code Ann. § 34-13 , by negative implication, prohibits taking both exemptions.”
Nicole J Poullath (Bankr. W.D. Va. 2024).
· cites it 73× “Va. Code § 34-13. Neither party suggests the language of Virginia Code § 34-13 is ambiguous.”
In Re Evans, 413 B.R. 315 (Bankr. E.D. Va. 2009).
“In addition, a debtor may, under what is commonly referred to as the homestead exemption, exempt up to $5,000 of real or personal property not otherwise exempt by filing an instrument (known as a homestead deed) describing that property in the city or county in which the debtor…”
In Re Wilkinson, 196 B.R. 311 (Bankr. E.D. Va. 1996).
“§§ 34-13 and 34-14, Va.Code Ann. In the case of a debtor who has filed a chapter 7 petition, the homestead deed must be filed not later than five days after the meeting of creditors.”
In Re Stoney, 445 B.R. 543 (Bankr. E.D. Va. 2011).
“1, or § 34-13 shall be set apart in a writing signed by him.”
In Re Tate, 41 B.R. 946 (Bankr. W.D. Va. 1984).
· cites it 2× “Hence, pursuant to Virginia Code § 34-13 as to personal property and § 34-6 as to real estate, if located in Roanoke County, the Clerk’s Office of the Circuit Court of Roanoke County would be the appropriate place for filing the Homestead Deed.”
Ames v. Custis (In Re Custis), 87 B.R. 415 (Bankr. E.D. Va. 1988).
“Section 34-15 of the Virginia Code provided that: —If a householder die, leaving a spouse or minor children, and he has not selected and set apart personal estate as provided in the two preceding sections (§§ 34-13, 34-14) such surviving spouse, or if such spouse die or marry,…”
In Re Nguyen, 226 B.R. 547 (Bankr. E.D. Va. 1998).
“§ 34-13. Virginia Code § 17-59 governs records, recordation and indexing, which states: Every writing authorized by law to be recorded .”
In re Spraker, 128 B.R. 727 (E.D. Va. 1991).
· cites it 2× “Section 34-13 provides that a householder may exempt personal property to the extent that the value of the exemption to which he is entitled is greater than the value of real property previously exempted under Section 34-4.”
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