Legal Question in Family Law in Virginia
I purchased my home 3 years prior to my husband and I getting married. His name has never been added to the deed or the mortgage payment. I have not legally changed to my married name. Our marriage is now going south and I wanted to know since his name is not on anything, including utilities does he have any legally rights regarding the home, if I decide to sell either prior to or after a divorce.
2 Answers from Attorneys
Probably not, but he can make a number of claims in the divorce.
He may have some rights to it. When you are married your salary and his salary are marital property. If you lived in the house and made mortgage payments with yours or his salary during the marriage you are slowly converting SOME portion of the house to marital property, of which he would be entitled to a portion. How much depends on many factors. If you decided to sell it and he didn't rush to court to try and prevent the sale then you could owe him some money from it at the final divorce hearing.
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