"Although “the statute defines gifts as income,” Howe, 30 Va.App. at 214, 516 S.E.2d at 244, allowing someone to live with you is not a “gift.” “A gift is property that is voluntarily transferred to another without compensation.” Goldhamer v. Cohen, 31 Va.App. 728, 736, 525 S.E.2d 599, 603 (2000) (citing Black's Law Dictionary 696 (7th ed.1999)). Here there is no property being transferred."
- Otey v. Branch, Va. Ct. App. Record No. 1857–13–2 (9/9/14) - published
The Court distinguishes this case from Carmon v. Department of Social Services, 21 Va.App. 749, 467 S.E.2d 815 (1996). In that case, free housing was received in exchange for certain services, and was therefore income.