Decree of divorce from bond of matrimony extinguishes contingent property rights (§ 20-111)—Virginia Decoded

Decree of divorce from bond of matrimony extinguishes contingent property rights

Upon the entry of a decree of divorce from the bond of matrimony, all contingent rights of either consort in the real and personal property of the other then existing, or thereafter acquired, including the right of survivorship in real or personal property title to which is vested in the parties as joint tenants or as tenants by the entirety, with survivorship as at common law, shall be extinguished, and such estate by the entirety shall thereupon be converted into a tenancy in common.

History

Code 1919, § 5111; 1926, p. 105; 1927, p. 184; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p. 593.

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Court Decisions

Smith v. Smith (SCV, 06/16/58)
. . . several sections, including || 20-107 and 20-111. . . .

Jackson v. Jackson (SCV, 04/26/71)
. . . parties as tenants by the entirety. Under Code | 20-111 such estate was converted into a tenancy in . . .

. . . Linda Austin v. Owens-Brockway Glass Container, . . . (Court of Appeals for the Fourth Circuit, 03/12/96)
. . . Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991), because . . .

Wilson v. Wilson (SCV, 05/03/54)
. . . Property, 2nd Ed., Vol. 1, | 258, p. 327. Section 20-111 of the Code provides that by a decree of . . .

Jenkins v. Jenkins (SCV, 04/26/71)
. . . tenancy in common under the provisions of Code | 20-111. Mrs. Jenkins thereafter continued to . . .

Gaynor v. Hird (COA, 12/01/92)
. . . as tenants in common after their divorce. Code § 20-111. Ms. Gaynor contends that the trial court . . .

Lightburn v. Lightburn (COA, 06/25/96)
. . . automatically converts into a tenancy in common. Code § 20-111; Smith v. Smith, 200 Va. 77, 85, 104 . . .

Foster v. Foster (SCV, 09/10/53)
. . . extinguishes her marital right in his property. Code, | 20-111. . . .

Naccash v. Naccash (SCV, 04/24/72)
. . . be disturbed by us. . . .

Southerland v. Estate of Southerland (SCV, 04/21/95)
. . . has been modified by statute in Virginia. Code § 20-111.1 (Supp.1994) provides, in material part: . . .

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