Legal Question in Wills and Trusts in Virginia

Not an easy question, and perhaps not settled under Virginia law. A tenant in common does not have survivorship rights, but there is a troubling Virginia statute that MAY permit the addition of survivorship language to elevate a tenancy in common to a joint tenancy, where survivorship is recognized. Here's the Virginia Code section; note the second sentence:

"� 55-20.1. Joint ownership in real and personal property.

Any persons may own real or personal property as joint tenants with or without a right of survivorship. When any person causes any real or personal property, or any written memorial of a chose in action, to be titled, registered, or endorsed in the name of two or more persons "jointly," as "joint tenants," in a "joint tenancy," or other similar language, such persons shall own the property in a joint tenancy without survivorship as provided in � 55-20. If, in addition, the expression "with survivorship," or any equivalent language, is employed in such titling, registering or endorsing, it shall be presumed that such persons are intended to own the property as joint tenants with the right of survivorship as at common law. This section is not applicable to multiple party accounts under Article 2 (� 6.2-604 et seq.) of Chapter 6 of Title 6.2, or to any other matter specifically governed by another provision of this code."

You should retain an attorney dealing exclusively in real estate law (not me) to evaluate the deed and suggest whether the former girlfriend owns all or only half the property.