Raleigh, NC asked in Real Estate Law for Virginia

Q: My husband and I bought a house in Virginia, the mortgage is in his name only, do I own the home also?

My husband and I are still married,(got married in 1985), but not living together. The home we bought in 1999 is only in his name ( to keep interest low). I didn't work, I stayed home raising the kids. If we went by how many years we were married it was 18 before we split up. I just found out he added his girlfriend's name on the deed, can he do this and what does it mean for me?

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1 Lawyer Answer

A: In all likelihood, he added her name to what he owns, an undivided one-half of the property. But, worse shenanigans have happened in the history of humankind, and you would be wise to purchase a title bring-to-date since your purchase to see if your name remains on title and appears as tenant by entireties. Then, you need to finalize the divorce and sell or buy out the property so title isn’t screwed up. Obviously, the marriage is over, and retitling your property is not a trivial, non-hostile act.

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