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.
Code 1919, § 6539; 1975, c. 466; 1980, c. 167; 1990, c. 942; 1993, c. 150.
Structure Code of Virginia
Title 34 - Homestead and Other Exemptions
Chapter 2 - Homestead Exemption of Householder
§ 34-4.1. Additional exemption for certain veterans
§ 34-4.2. Additional exemption for parents of dependent children
§ 34-5. To what debts exemptions shall not apply
§ 34-6. How exemption of real estate secured; form to claim exemption of real property
§ 34-7. Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of
§ 34-8. Partition or sale of real estate held as exempt by joint tenant, etc.
§ 34-9. How real estate set apart as exempt may be encumbered or aliened
§ 34-13. Householder may set apart exemption in personal estate
§ 34-14. How set apart in personal estate; form to claim exemption of personal property
§ 34-17. When exemption may be set apart; garnished wages
§ 34-18. Rents and profits exempt; increase in value of estate set apart
§ 34-19. How excess in value set apart subjected to debts
§ 34-20. Proceeds of sale of estate exempt; how evidenced
§ 34-21. When householder's right to exemption is exhausted
§ 34-22. Waiver of exemption; its effect; form of waiver
§ 34-23. How claim enforced when exemption waived, etc.
§ 34-24. When the exemption ceases; lien of judgment or decree against householder
§ 34-25. When homestead waived judgments and executions to so state