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live in Virginia
and my wife’s name is on the deed to the house. She has left and wants a divorce. How can I
get her name off of the deed and keep the house?
In Virginia, the state requires that all property
accumulated during the marriage is community property. This means that you and your wife would have
equal claim to the property. If you
purchased the house before you were married, it would be considered separate
property, which means she would not have any claim to it. Either way, the court will have to order the
disposal of the property. Once you file
for divorce, you can ask the court to award the property to you. If the judge awards it, your wife will likely
sign a deed giving her interest in the property to you. You will then file that deed, removing her
name from the property. However, if the
judge does not award the property to you completely, you will either have to
agree on a way to split the property or the judge will determine an equitable
way to devise the property between the two of you.
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