Legal Question in Family Law in Virginia
Seperation Agreement
In my seperation agreement I retained the home and all responsibilities to the home. Well I listed the home for sale and my soon to be ex called the realator totally irate & said I had no right to sale the home. Do I have this right to sale the home since I have a signed seperation agreement stating that I get the home?
2 Answers from Attorneys
Re: Seperation Agreement
If your husband has not yet formally conveyed his interest in the marital home to you by way of a quitclaim or other deed, you will not be able to sell it unless he also agrees to sign the sale contract. And, based upon your description of matters, it would
appear that there may be some misunderstanding on his part (as well as yours?) as to what exactly you're to receive under the PSA(Property Settlement Agreement)which obviously may require some clarification.
Re: Seperation Agreement
If your husband is still on the deed you would not be able to convey the property without him. However if, in accordance with the separation agreement, you have been conveyed his interest in the property, and you are the only one on the deed, you would be able to sell.
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