55-41 - Conveyance from husband and wife; effect on right of wife or husband. - Virginia Statutes

§ 55-41. Conveyance from husband and wife; effect on right of wife or husband.

When a husband and his wife have signed and delivered a writing purporting toconvey any estate, real or personal, such writing, whether admitted to recordor not, shall (i) if delivered prior to January 1, 1991, operate to conveyfrom the spouse her right of dower or his right of curtesy in the real estateembraced therein, and (ii) if delivered after December 31, 1990, operate tomanifest the spouse's written consent or joinder, as contemplated in §64.1-16.1 to the transfer embraced therein. In either case, the writingpasses from such spouse and his or her representatives all right, title andinterest of every nature which at the date of such writing he or she may havein any estate conveyed thereby as effectually as if he or she were at suchdate an unmarried person. If, in either case, the writing is a deed conveyinga spouse's land, no covenant or warranty therein on behalf of the otherspouse joining in the deed shall operate to bind him or her any further thanto convey her or his interest in such land, unless it is expressly statedthat such spouse enters into such covenant or warranty for the purpose ofbinding himself or herself personally.

(Code 1919, § 5211; 1977, c. 147; 1990, c. 831; 1991, c. 625; 1992, cc. 617,647.)