Legal Question in Real Estate Law in Virginia

My spouse has incurred a ton of debt without my knowledge and consent. Our house is in joint names. If he agrees to transfer the title to my name, what is the best way to get this title transferred solely to my name so that i am protected from all his current and future liabilities. I am told a quit claim deed will not offer me that protection. A gift deed has tax implications which he may not be willing to incur. Is there any way to do this transfer?

Asked on 8/28/09, 1:36 pm

1 Answer from Attorneys

Susan Allen The Law Office of Susan E. Allen, PLLC

I suggest you seek out an attorney to find out how you are holding this property and for what purposes the debt was incurred. While you both may have title to the land, if your property is held via a tenants by the entirety, the property may be protected from the creditors, except in limited circumstances.

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Answered on 9/02/09, 1:46 pm

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