How can I get my wifes name off the deed and keep my house? I am filing a Divorce in Virginia.

Related Ads

Talk to a Local Divorce Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

I 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?

Answer:

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.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .
LA-NOLO5:DRU.1.6.2.20140813.27175