Legal Question in Real Estate Law in Virginia
when selling a home
in the state of virginia can the husband of a divorcing couple list and sell the shared home if his name is the only name on the deed recorded at the county if both of their names are on the loan? they have shared this home for over 6 years.
2 Answers from Attorneys
Re: when selling a home
Yes, the husband could sell it, but any such property would likely be considered to have a cloud on its title since the wife would also be considered to likely have marital claims to it, and, therefore, title insurance would probably be unobtainable for any new purchaser.
Re: when selling a home
To convey property in Virginia, all title owners of the property have to join in the deed. If only the husband is the record title owner, he may convey the property. This does not mean that there are not claims that the house is marital property or the proceeds from the sale of the house are marital property, however.
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