Legal Question in Family Law in Virginia

deed of gift in divorce case

8 years ago we refinanced and

retitled the house from my wife to

both of us as a deed of gift - intended

by my wife to show trust and

partnership. as i recall there was a

$10 admin fee for the new deed.

does this mean that the entire house

is to be divided equally (we have

shared all expenses) or can she claim

her first four years before the deed of

gift as separate property?


Asked on 6/21/09, 12:50 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: deed of gift in divorce case

The case law permits a court to look at the conveyance to determine whether your wife intended to make a gift to you of some interest in the property transferred; the fact that it was done at the time of a refinance could be interpreted to suggest it was not a gift.

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Answered on 6/22/09, 12:18 pm


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