Va. Code » Title 34. Homestead and Other Exemptions » Chapter 2. Homestead Exemption of Householder
Virginia Code

Va. Code Ann. § 34-5 (2026)

To what debts exemptions shall not apply

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The property exemptions created under this Code shall not be claimed against the following debts:

1. For the purchase price of such property or any part thereof. If the property purchased and not paid for is exchanged for or converted into other property by the debtor, such last named property shall not be exempted from the payment of such unpaid purchase money.

2. For spousal or child support obligations.

Code 1919, § 6531; 1918, p. 487; 1956, c. 637; 1986, c. 218; 1990, c. 942; 1991, c. 256; 2010, c. 550.

Notes of Decisions
Cited in 24 cases, 1974–2010 · leading case: Snow v. Green (In Re Snow), 92 B.R. 154 (W.D. Va. 1988).
Sort: Relevance Newest Treatment
Snow v. Green (In Re Snow), 92 B.R. 154 (W.D. Va. 1988). · cites it 22× “Va.Code § 34-5, however, designates kinds of debts which cannot be exempted under § 34-4.”
In Re Scott, 199 B.R. 586 (Bankr. E.D. Va. 1996). · cites it 8× “Second, under Va.Code Ann. § 34-5, no exemptions created under the Code of Virginia may be claimed against the following debts: 1.”
Green v. Snow (In Re Snow), 71 B.R. 186 (Bankr. W.D. Va. 1987). · cites it 19× “The creditor seeks to enforce his lien in the property levied upon, claiming that Va. Code § 34-5(5) precludes the debtors’ use of the lien avoidance mechanism of 11 U.”
In Re Hayes, 119 B.R. 86 (Bankr. E.D. Va. 1990). · cites it 7× “The trustee argues that Virginia Code § 34-5 operates to deprive the debtor of his homestead exemption.”
In Re Shines, 39 B.R. 879 (Bankr. E.D. Va. 1984). · cites it 9× “Code § 34-5 which provides in pertinent part: Such exemption [the homestead exemption provided in § 34-4] shall not extend to any execution order or other process issued on any demand in the following cases 1) For the purchase price of such property or any part thereof.”
In Re Ward, 210 B.R. 531 (Bankr. E.D. Va. 1997). · cites it 7× “They contend that under Va.Code Ann. § 34-5 exempt property is liable for only a very limited category of debts, 7 and that any debt they might owe the trustee does not fall within one of those categories.”
In Re Johnson, 179 B.R. 800 (Bankr. E.D. Va. 1995). · cites it 10× “Va.Code Ann. § 34-5 (Michie 1990) 4 . The debt created here was for the purchase price of the 1994 Mazda, as the loan application, note, and security agreement clearly illustrate.”
Ible v. Commonwealth, 11 Va. Cir. 130 (Richmond County Cir. Ct. 1987). · cites it 20× “Code Section 34-5 .... A creditor for rent is one of the classes of creditors that may collect their obligation out of property that is otherwise properly claimed as exempt under the homestead laws.”
In Re Godfrey, 93 B.R. 451 (Bankr. E.D. Va. 1988). · cites it 9× “On April 19, 1988, George and Kathleen Collins, creditors of the debtor, moved to disallow the exemption claimed for the debtor’s motor vehicle on the basis of Section 34-5 of the Code of the Commonwealth of Virginia, which provides that a homestead deed shall not apply to a…”
O'MALLEY v. Rapidan River Farm, 24 B.R. 900 (E.D. Va. 1982). · cites it 10× “Because Rapi-dan, according to Appellee, does not claim relief under any category of debt which § 34-5 protects from homestead exemption, Rapidan’s asserted interest in Appellee’s horses must fall.”
Aetna Ins. v. Byrd (In Re Byrd), 15 B.R. 154 (Bankr. E.D. Va. 1981). · cites it 2× “Virginia Code § 34-5 states that a homestead exemption shall not protect properties from liabilities incurred by a fiduciary.”
Wicks v. City of Charlottesville, 208 S.E.2d 752 (Va. 1974). · cites it 2× “Code § 34-5 provides that this exemption shall not apply in certain cases including claims for taxes and legal and taxable fees of any public officer or officer of the court.”
Show all 24 citing cases →
— Va. Code Ann. § 34-5(1) — 2 cases
Jones v. Kirsch (In Re Kirsch), 93 B.R. 77 (E.D. Va. 1988).
In Re Johnson, 179 B.R. 800 (Bankr. E.D. Va. 1995). “Va.Code Ann. § 34-5 (Michie 1990) 4 . The debt created here was for the purchase price of the 1994 Mazda, as the loan application, note, and security agreement clearly illustrate.”
— Va. Code Ann. § 34-5(2) — 2 cases
O'MALLEY v. Rapidan River Farm, 24 B.R. 900 (E.D. Va. 1982). “Because Rapi-dan, according to Appellee, does not claim relief under any category of debt which § 34-5 protects from homestead exemption, Rapidan’s asserted interest in Appellee’s horses must fall.”
Davis v. Lester (In re Davis), 97 B.R. 292 (E.D. Va. 1989).
— Va. Code Ann. § 34-5(5) — 8 cases
Green v. Snow (In Re Snow), 71 B.R. 186 (Bankr. W.D. Va. 1987). “The creditor seeks to enforce his lien in the property levied upon, claiming that Va. Code § 34-5(5) precludes the debtors’ use of the lien avoidance mechanism of 11 U.”
Ible v. Commonwealth, 11 Va. Cir. 130 (Richmond County Cir. Ct. 1987). “Code Section 34-5 .... A creditor for rent is one of the classes of creditors that may collect their obligation out of property that is otherwise properly claimed as exempt under the homestead laws.”
In Re Shines, 39 B.R. 879 (Bankr. E.D. Va. 1984). “Code § 34-5 which provides in pertinent part: Such exemption [the homestead exemption provided in § 34-4] shall not extend to any execution order or other process issued on any demand in the following cases 1) For the purchase price of such property or any part thereof.”
Snow v. Green (In Re Snow), 92 B.R. 154 (W.D. Va. 1988). “Va.Code § 34-5, however, designates kinds of debts which cannot be exempted under § 34-4.”
In Re Scott, 199 B.R. 586 (Bankr. E.D. Va. 1996). “Second, under Va.Code Ann. § 34-5, no exemptions created under the Code of Virginia may be claimed against the following debts: 1.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.