64.1-16.4 - Rights in family residence. - Virginia Statutes

§ 64.1-16.4. Rights in family residence.

Until the surviving spouse's rights in the principal family residence havebeen determined and satisfied by an agreement between the parties or a finalcourt decree, in cases (i) where the principal family residence passes underthe provisions of § 64.1-1 and the deceased spouse is survived by children ortheir descendants, one or more of whom are not children or their descendantsof the surviving spouse, or (ii) where the surviving spouse claims anelective share in the deceased spouse's augmented estate, the survivingspouse may hold, occupy, and enjoy the principal family residence andcurtilage without charge for rent, repairs, taxes, or insurance. If suchsurviving spouse is deprived of the principal family residence and curtilage,he or she may, on complaint of unlawful entry or detainer, recover thepossession thereof, with damages for the time the surviving spouse was sodeprived; but nothing in this section shall be construed to impair the lienor delay the enforcement thereof of any state, city or county for the taxesassessed upon the property.

(1990, c. 831.)