Code of Virginia
Chapter 3 - Rights of Married Persons
§ 64.2-316. Presumptions

In determining whether this article applies to specific property, the following rebuttable presumptions apply:
1. Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which this article applies; and
2. Real property situated in the Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this article applies.
1982, c. 456, § 64.1-198; 2012, c. 614.

Structure Code of Virginia

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

§ 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate

§ 64.2-304. Rights upon claiming an elective share

§ 64.2-305. Augmented estate; exclusions; valuation

§ 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share

§ 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

§ 64.2-309. Family allowance

§ 64.2-310. Exempt property

§ 64.2-311. Homestead allowance

§ 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief

§ 64.2-313. When and how exempt property and allowances may be claimed

§ 64.2-314. Waiver

§ 64.2-315. Application

§ 64.2-316. Presumptions

§ 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

§ 64.2-321. Creditor's rights

§ 64.2-322. Acts of married persons

§ 64.2-323. Limitations on testamentary disposition

§ 64.2-324. Uniformity of application and construction