Any creditor, against whom an exemption is claimed, may file a bill in equity, alleging that the value of the estate at the time it was set apart was more than the amount the householder is entitled to exempt or, that by reason of permanent improvements made on the real estate after it was set apart by means derived from some source other than exempt property, the whole estate set apart is of greater value than the amount the householder is entitled to exempt. If the court is satisfied from the proofs in the cause that the allegations of the bill are true, it shall make such decree or order as may be necessary to subject the estate set apart, so far as it exceeds the amount the householder is entitled to exempt, to the payment of the debt or demand of such creditor.
Code 1919, § 6545; 1975, c. 466; 1977, c. 496; 1990, c. 942.
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