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Flanary v. Milton
010220 Flanary v. Milton 01/11/2002 An oral property settlement agreement between spouses made during an action for divorce was subject to the provisions of Code § 20-155. The agreement was not in writing and …
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010220 Flanary v. Milton 01/11/2002 An oral property settlement agreement between spouses made during an action for divorce was s…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 11, 2002
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010220 Flanary v. Milton 01/11/2002 An oral property settlement agreement between spouses made during an action for divorce was subject to the provisions of Code § 20-155. The agreement was not in writing and signed by the parties, as required by statute. Therefore, the trial court erred in finding the agreement valid and dismissing the wife's petition as surviving spouse for determination of family allowance, exempt property, and an elective share of the estate. The judgment of the trial court is reversed and the case is remanded.
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· Supreme Court of Virginia
ReversedRemandedDismissed
The court's record, as written
010220 Flanary v. Milton 01/11/2002 An oral property settlement agreement between spouses made during an action for divorce was subject to the provisions of Code § 20-155. The agreement was not in writing and signed by the parties, as required by statute. Therefore, the trial court erred in finding the agreement valid and dismissing the wife's petition as surviving spouse for determination of family allowance, exempt property, and an elective share of the estate. The judgment of the trial court is reversed and the case is remanded.
Outcome words in this text: dismissing, reversed, remanded.
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