Q: owned the property before marrying.Wife insisted I add her to deed. What happens when we divorce?Loan/mortgage my name?
Had property before marriage, added wife to deed but she’s not on the mortgage loan . I pay all the bills, gas , lights, water, HOA FEES, cellphone etc etc. what happens when we get divorced????
A:
"f. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification." Va. Code 20-107.3.
So, what may have been separate property is deemed changed to marital property, and subject to division.
The burden is on you to show the property was not intended as a gift to the marriage.
A:
Title does not determine the classification of property in equitable distribution in Virginia, but it may create presumptions. Real property owned by a spouse in his or her sole name prior to marriage would be presumed to be separate property. A judge may find the property to be hybrid to the extent that a part of it has become marital property, through appreciation, reduction of the mortgage principal, or capital improvement during the marriage. Adding a spouse's name does not necessarily change the classification of the property. A spouse may, however, transmute separate property into marital property by co-mingling it such that it loses its original character, for instance, a bank account used during the marriage.
Any spouse facing divorce in Virginia should consult with an experienced Virginia divorce lawyer regarding his or her particular situation.
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.
