Virginia Code

Va. Code Ann. § 34-4.1 (2026)

Additional exemption for certain veterans

✓ current as of May 2026

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Every veteran residing in this Commonwealth having a service connected disability of forty percent or more, as rated by the U.S. Department of Veterans Affairs, shall be entitled, in addition to the property or estate which he is entitled to hold exempt from creditor process under §§ 34-4, 34-26, 34-27, 34-29, and 64.2-311, to hold exempt from creditor process his real and personal property, or either, to be selected by him by the writings required by §§ 34-6 and 34-14, including money and debts due him, not exceeding $10,000 in value.

1966, c. 499; 1977, c. 496; 1978, c. 231; 1990, c. 942; 1993, c. 150; 2009, c. 388.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1987–2024 · leading case: In Re Scott, 199 B.R. 586 (Bankr. E.D. Va. 1996).

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In Re Scott, 199 B.R. 586 (Bankr. E.D. Va. 1996). · cites it 2× “Va.Code Ann. § 34-4.1. Under the poor debtor’s exemption, a householder may hold “exempt from creditor process” certain listed assets and categories of assets, some with dollar limits, some without.”

In Re Evans, 413 B.R. 315 (Bankr. E.D. Va. 2009). · cites it 2× “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 Ward, 210 B.R. 531 (Bankr. E.D. Va. 1997). · cites it 2× “Va.Code Ann. § 34-4.1. In the present case, the trustee does not dispute that the debtors properly claimed, and are entitled to, a $10,000.”

In Re Heath, 101 B.R. 469 (Bankr. W.D. Va. 1987). · cites it 3× “Va. Code § 34-4.1. Under the homestead exemption scheme adopted in Virginia, “[ejvery householder or head of family” is entitled “to hold exempt real and personal property, or either, to be selected by him, .”

In Re Sherman, 191 B.R. 654 (Bankr. E.D. Va. 1995). · cites it 2× “Va.Code Ann. § 34-4.1. 5 . Whether the debtors’ opposition to the trustee’s motion to reopen the case was unjustified or otherwise sanctionable under Fed.”

Moore v. Capital One Bank, 412 B.R. 830 (Bankr. W.D. Va. 2008). · cites it 6× “On'the Debtors’ Schedule C, they claimed a $4,000 exemption in the real property under Virginia Code § 34-4.1 5 . Additionally, each co-debtor filed a homestead deed setting apart $5,000 in equity in the real property pursuant to Virginia Code § 34-4 6 and specifically noting…”

In Re Moore, 412 B.R. 830 (Bankr. W.D. Va. 2008). · cites it 6× “On the Debtors' Schedule C, they claimed a $4,000 exemption in the real property under Virginia Code § 34-4.1 [5] . Additionally, each co-debtor filed a homestead deed setting apart $5,000 in equity in the real property pursuant to Virginia Code § 34-4 [6] and specifically…”

Nicole J Poullath (Bankr. W.D. Va. 2024). · cites it 2× “8 Virginia Code § 34-4.1 provides an additional $10,000 exemption in real or personal property for “[e]very veteran residing in this Commonwealth having a service connected disability of forty percent or more, as rated by the U.”

In Re Williams, 337 B.R. 846 (Bankr. E.D. Va. 2005). · cites it 3× “Va.Code § 34-4.1. The instant debtors have no dependants, and neither debtor is a disabled veteran.”

In Re Alley, 354 B.R. 783 (Bankr. W.D. Va. 2006). · cites it 2× “With respect to real estate, section 34-6 states: "[i]n order to secure the benefit of the exemptions of real estate under section 34-4 and section 34-4.1, the householder, by a writing signed by him and duly admitted to record, .”

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