Legal Question in Family Law in Virginia
My husband & I are getting a divorce. My Mother has an apartment in Portugal that was titled in both of our names as my Mother was living with a man & was afraid if she died he would get part of the apartment. We also gave her a power of attorney to change the deed back over to her at anytime. After we filed for divorce she went down and had the deed changed back to her name only. My husband is trying to say that he is entitled to 1/2 of that apartment & that the new deed is fraud because it was done after we filed for divorce. Neither of us paid any money towards the apartment, my Mother paid for all of it. My position is that it's my Mother's apartment and neither of us have any rights in it. What is the legal answer to this problem?
1 Answer from Attorneys
No, if your husband empowered your mother to reclaim ownership of this property by giving her a POA to revert the deed to her name, and she subsequently lawfully exercised that power, he has no legal basis now to cry foul and claim that "the new deed is fraud"(in my opinion).
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