A spouse shall not be barred of his right of entry into land by a judgment in the other spouse's lifetime by default or collusion, but after the other spouse's death may prosecute the same by any proper action; or, in the lifetime of the other spouse, if the other spouse will not appear or, against the spouse's consent, will render the spouse's lands during the coverture in an action against both spouses for lands that are the spouse's inheritance, the spouse may come at any time before judgment and defend his right.
Va. Code § 55.1-203