Legal Question in Real Estate Law in Virginia

Ownership change on real property deed

I would like to know what I need to do to and what legal forms I need to file to petition the court and request that my ex-husband's name be removed from our property deed (single family home in which me and my three children live). He is incarcerated and has refused to sign a quitclaim deed. The final divorce decree did not settle any alimony or equitable distribution of property but states, ''...spousal support and equitable distribution of property are reserved for both parties.''


Asked on 1/14/04, 11:24 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Ownership change on real property deed

You should contact the attorney who represented you in the divorce matter or retain another one to reopen the matter of equitable distribution of the marital property. This is not a matter of

just filing some papers to have your husband's name removed from the deed since the issue of how the marital property is to be divided, apparently, has yet to be decided(equitable distribution reserved for both parties), and your husband, though he's currently incarcerated, may well have a claim to a share of the value of your home as well as other marital property which you have not mentioned.

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Answered on 1/14/04, 4:09 pm


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