Wheeling, WV asked in Real Estate Law, Divorce and Family Law for West Virginia

Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?

1 Lawyer Answer
Anthony M. Avery
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A: Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If no deed was executed during the DV, a buyer would want your name on the deed conveyance.

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