Legal Question in Real Estate Law in Virginia

Confusing Title

Legally separated woman buys home in 1986 as ''married femme solo.'' Mortgage company wants husband to co-sign and he refuses and the company agrees to purchase the house for her minus his signature. She refinances in 1994 as ''married.'' She divorces this husband in 1996. She then transfers property to a family member as a deed-of-gift in 2003 without satisfying the loan in 1994 and signs as a widow. What has occurred here? Wouldn't FHA require someone to co-sign some kind of document on the refinancing since it said ''married'' and not ''femme solo''? Could she have secretly remarried? She divorced in 1996, and her ex-husband is still living.


Asked on 7/15/08, 9:36 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Confusing Title

In Virginia, the concept of homme sole and femme sole were abolished by statute in the early '90's. If the husband is a record title owner, he may still have an interest in the property. If he was not a record owner, the divorce likely addressed any other rights to the property granted by virtue of his status as the spouse. That the loan may not be assumable is a matter the lender would have to address with the parties involved. Keep in mind, too, that the prior lender may simply have overlooked recording a certificate of satisfaction. If you are interested in keeping tabs on someone's marriages, the county clerk issues marriage licenses.

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Answered on 7/16/08, 9:12 am


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