Legal Question in Family Law in Virginia
Property Settlement
I purchased a home in 2001 in my name alone-in 2002 I married my husband-we both lived in the home together from the purchase date--I refinanced the home several times, always in my name alone, his name is not on deed or title either, as he carries significant tax liens.
I have recently been forced to list the property on the market for short sale, as my husband is unwilling to support the kids and I financially in any capacity and my business has slowed down significantly. Do I need his consent to sell the property, although it's in my name and always has been? He refuses to pay the mortgage, refuses to vacate the property within 30 days in a settlement offer I gave him in January of this year and now he wants to refuse the sale, although neither he nor I can afford the home anymore---HELP
1 Answer from Attorneys
Re: Property Settlement
If your husband has no marital claims whatsoever to the home, meaning he has neither contributed his labor, materials, nor any of his funds which may have conduced to an increase in the property's equity, then his signature should not be needed on the sale contract. However, unfortunately, as a practical matter and precautionary measure, the buyer's lender as well as the title insurer(s) may well require it anyway.
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