Legal Question in Family Law in Virginia

Re: Property Division before Divorce

If title is only in your husband's name you are still likely entitled to a marital share of this property, although it may not work out as a 50% equitable distribution which you apparently have in mind.

Any potential purchaser of this marital property who failed to obtain your signature on the purchase agreement/contract for sale would likely find that he or she had purchased property with a beclouded title.

Re: Property Division before Divorce

I advise you to consult with an attorney immediately regarding your rights concerning your marriage, your marital property and the best course of action concerning the house. You should consider marital counseling to preserve your marriage. If you find that you and your spouse cannot preserve your marriage, you should consider alternative dispute resolution methods such as mediation, which may be faster, less costly and less adversarial than a full blown divorce suit.

Under Virginia law, a party may request the court in a divorce case to distribute equitably the marital property of the parties. There is a presumption that property acquired during the marriage and before the date of last separation is marital property, regardless of whether it is titled jointly or in the name of one or the other spouse. While the divorce case is pending, the court may enter a temporary order (known as pendente lite relief), freezing the assets of the parties to preserve those assets so they can meet any final order of the court. An order freezing the sale of the marital residence might also include an order that one of the parties makes the mortgage payments. If you are concerned that your spouse may waste or squander marital assets during the pendency of your divorce case, you should discuss with your attorney the advisability of asking the court to enter a freeze order preventing your spouse from disposing of marital property.

Incidentally, a party may also request pendente lite relief for spousal or child support, child custody, a restraining or protective order, an order for exclusive use or possession of the marital residence, or counsel fees and costs, among other things.

Re: Property Division before Divorce

In the absence of a court order or a pendenti lite filed with the court your husband CAN sell the property without you signing off on the Deed. Of course you then have the right to go after the proceeds... but as you can imagine... it's not that simple: money seem to disappear quickly after a sale. If you are really concerned about him selling the house without your permission, you should petition the court to freeze his assets (which include the house). Needless to say, you should act immediately.