Legal Question in Real Estate Law in Virginia
Deed
My husband I just recently got married. The house we reside in currently has his ex-wifes name on the deed but not the mortgage Can my name be added to the deed if his ex-wifes name is on the deed? Does she have to agree?
2 Answers from Attorneys
Re: Deed
For you and your husband to be the record title owners of the parcel, both owners currently in title will have to convey the land. His former wife,therefore, will have to join in the conveyance to both you and him. She will then no longer have an interest in the land. Your husband may convey all or some of his interest in the land to you, but in this case, you, your husband, and the former wife will all own the land.
Re: Deed
Yes, each co-owner of the property would have to agree to the addition of your name to the deed which would essentially be a deed of gift.(And why would the ex-wife want to make you such a gift?)
It would seem that your husband has been inexcusably remiss in allowing his former wife's name to remain on the deed after the divorce and very likely he will now have great difficulty in attempting to get it removed.