Legal Question in Family Law in Virginia

Re: Legal Agreement of Combined Property

When you refinance your home with your husband on the financing, you will no longer be the sole homeowner. The two of you will own it "by the entireties", which is different than the joint ownership of two unmarried persons.

You may avoid "by the entireties" ownership by an agreement written between you and your husband, but there must be some advantage or "consideration" in the agreement for him. I highly recommend that you visit an attorney to have this document drafted.

Another method, which requires more trust between the two of you, is to have your husband sign a quitclaim deed after the financing is finished, giving you all his interest in the property. This is not the recommended strategy.

Good luck!

Re: Legal Agreement of Combined Property

You seem to be aware that the husband does not have any marital claim, as such, to real property which you owned prior to marriage.

Re "Agreement": Virginia does recognize marital agreements concerning ownership of property. However, in order to be valid, it must be clear and distinct that each party had full understanding of the contract. Best way to insure that is when each party has independent legal advice. I would not advise a lay person to even attempt to draft this document.