The interests of dower and curtesy are abolished. However, the abolition of dower and curtesy pursuant to this section shall not change or diminish the nature or right of (i) any dower or curtesy interest of a surviving spouse whose dower or curtesy vested prior to January 1, 1991, or (ii) a creditor or other interested third party in any real estate subject to a right of dower or curtesy.
The rights of all such parties, and the procedures for enforcing such rights, shall continue to be governed by the laws in force prior to January 1, 1991.
1990, c. 831, § 64.1-19.2; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 3 - Rights of Married Persons
§ 64.2-300. Applicability; definitions
§ 64.2-301. Dower or curtesy abolished
§ 64.2-302. When and how elective share may be claimed by surviving spouse
§ 64.2-304. Rights upon claiming an elective share
§ 64.2-305. Augmented estate; exclusions; valuation
§ 64.2-307. Rights in family residence
§ 64.2-308. Statutory rights barred by desertion or abandonment
§ 64.2-308.1. Applicability; definitions
§ 64.2-308.2. Dower or curtesy abolished
§ 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary
§ 64.2-308.4. Composition of the augmented estate; marital property portion
§ 64.2-308.5. Decedent's net probate estate
§ 64.2-308.6. Decedent's non-probate transfers to others
§ 64.2-308.7. Decedent's non-probate transfers to the surviving spouse
§ 64.2-308.8. Surviving spouse's property and non-probate transfers to others
§ 64.2-308.9. Exclusions, valuation, and overlapping application
§ 64.2-308.10. Sources from which elective share payable
§ 64.2-308.11. Personal liability of recipients
§ 64.2-308.12. Proceeding for elective share; time limit
§ 64.2-308.13. Right of election personal to surviving spouse; incapacitated surviving spouse
§ 64.2-308.14. Waiver of right to elect and of other rights; defenses
§ 64.2-308.15. Protection of payors and other third parties
§ 64.2-308.16. Rights in family residence
§ 64.2-308.17. Statutory rights barred by desertion or abandonment
§ 64.2-311. Homestead allowance
§ 64.2-313. When and how exempt property and allowances may be claimed
§ 64.2-317. Disposition upon death
§ 64.2-318. Perfection of title of surviving spouse
§ 64.2-319. Perfection of title of personal representative, heir or devisee
§ 64.2-320. Purchaser for value or lender
§ 64.2-322. Acts of married persons