Legal Question in Family Law in Virginia

My ex-husband and I were divorced last year, but have been separated since 2013. We bought a house prior to being married. At the time I did not have any established credit. We put the mortgage in his name and the deed in both our names. My dad gave us $10,000 toward the down payment as a gift, which is noted on the mortgage documents. When we divorced we both stated there was no property to split, and it is written in the divorce papers. Don't ask me why I said that, I was super emotional and just wanted to get out of there. Now my ex wants my name off the title and I have told him for years that he could give me the $10,000 my dad gifted us or my name will remain on the title. I have also told him that the other options were to sell the house and split the money, or I can sell my portion to another party and they can do as they please with their portion of the house. Mind you I am trying to buy another house so having my name on that title is effecting things and his fiance has lived in the house for at least a year, and they are getting married in September. He tells me things like the tax bill is here and you need to pay it. Why would I pay it if I don't live there? It's part of the rent. Is it worth me going to court to try to get some money out of this? If so what papers do I need to fill out to start the process? We live in Virginia.


Asked on 6/21/17, 10:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You should arrange for a consultation with an attorney who handles divorces in Virginia

involving the equitable distribution/division of marital property and who can have the

opportunity to review all of the documents as well as relevant facts associated with this matter and in particular the issue as to how title to this property is held, i.e., whether by what the law refers to as "tenants by the entireties" or as "tenants in common" which can greatly affect the conveyability of the title.

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Answered on 6/21/17, 3:02 pm


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