Q: My wife left me, she is with another man and has been gone for months. The house is in my name only. Can she take it?
She has a new address.
A: The answer is "maybe." Not helpful, right? It depends on when you bought the home, how you bought it, and on a few other factors. If you bought the home during the marriage, the Virginia presumption is that you both own half. Whose name is on the Deed or the Note is not really important. This 50/50 resumption may be overcome by certain factors also--maybe even the fact that she's involved with another man. This is a bit more complex than it seems--maybe more than it should be. You need to talk to a family attorney about this issue; that will probably put your mind at ease. At least you will know what to probably expect. We wish you our best.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
