A. If a surviving spouse has apparent title to property to which this article applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
B. If a personal representative or an heir or devisee of the decedent has apparent title to property to which this article applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.
C. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.
D. The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
1982, c. 456, § 64.1-202; 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