Legal Question in Real Estate Law in Virginia

Adding a spouse to a deed

My husband owns a home in another state from where we live. He is active duty Navy and we rent the home out, unfortunately to someone who doesn't think he needs to pay rent. I was advised the best thing to do would be to get my name on his deed so that I can evict the renter. What Deed is the best to use to add myself to his Deed? I have all the information as far as getting it recorded in the state the home is in, but don't know if I should do a survivorship Deed or General Warranty Deed, or if there is a different one that would be better to do.


Asked on 5/04/09, 9:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Adding a spouse to a deed

In my opinion, it would probably be advisable for you to await the adding of your name to your husband's deed until he returns from active duty and can then execute a deed appropriate for the state where the property is located and the circumstances of his situation at that particular time.

And, in the meantime, if further legal authority (other than your current marital status) is somehow necessary for you to evict this squatter from your husband's property, a limited POA(Power of Attorney)form signed by him appointing you to this task would likely suffice.

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Answered on 5/04/09, 9:56 am


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