Legal Question in Family Law in Virginia
joint tenancy with rights of survivorship
If you and your spouse purchased your home under these conditions after the divorce who does the house revert to? Does one parent living iin the house and making monthly payments for years make a fifference when selling the property
1 Answer from Attorneys
Re: joint tenancy with rights of survivorship
The house as marital property should(hopefully) be disposed of in a fair and equitable manner by agreement of the parties BEFORE the divorce is finalized and should recognize the contribution which each spouse has made to its increase in value (equity).
If the divorce has been finalized and for whatever reason the claims of the parties to the home have not been settled, then a different method of disposing of the matter will likely have to be utilized if the parties can still not agree to a settlement. (An attorney knowledgeable and experienced in divorce and real property matters can further advise you.)