Legal Question in Civil Litigation in Virginia

Yes I have a home in my name I have owned the home since 2004 I got married in 2006 and he asked me to put him on the tittle so I did and now he think that he ownes it but its in my name on the paper where I bought the home in 2004 so my thing is what can I do to get him off the tittle and if he tries to sell my home what can do


Asked on 5/17/10, 3:14 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

The question is not clear because I don't know what you did to "add him to the title." I am not sure what exactly that was.

Depending on exactly what you did in 2006, you might have no rights to the house, he might have NO rights to the hosue, or you both may be co-owners.

At the same time you are both married and so you have rights to the house as a married couple. No informed buyer (or realtor or title insurance company) woudl participate in a purchase without your signature as well.

But if you actually transferred some or all fo the ownership to your husband, you cannot just cancel that.

You can probably stop him from selling the house, but you cannot cancel what you did.

It is possible that what you did HAS NO EFFECT because it was not legally valid. But if it is valid it cannot just be cancelled.

I don't know why he would think that he owns the house or can sell it.

What you might do is file a "Notice of Lis Pendens" on the title deed saying that you are the wife you do not consent to the sale of the house and you have a dipsute over the house. This will prevent the sale of the house. A title search will show this and no one will buy the house until that is cleared up -- that is, unless you also sign the sale contract.

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Answered on 5/22/10, 5:30 pm


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