Legal Question in Real Estate Law in Virginia
Name on deed
My husband and I bought a new home. I was unemployed at the time so the house was financed in my husbands name only and therefore the deed only has his name. It has been 8 months since the purchase and each time I talk to him about putting my name on the deed he has an excuse. I am now employed and contribute to the household expenses. My questions are: What problems would I have if my husband should die before the deed is changed to show my name also. And, what legal rights would I have to the house because he has grown children from a previous marriage?
1 Answer from Attorneys
Re: Name on deed
If you husband were to die with a will naming you as the sole inheritor of the house and land on which it sits, you would have no problems at all
with respect to taking sole title to the property.
However, if he were to now die intestate(without
a will), things could get sticky for you with respect to this property, as you could end up sharing title with his other heirs(children of his
prior marriage).
As things stand now, the home is defintely marital property in which you have a share, but the share is not what it would be with respect to your inheritance rights if the property were held
by what is called "the entireties" in both your names, i.e., in your name and the name of your husband, with the right of survivorship, where if one of you were to die, the title would automatically pass to the other---and to no one else.
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