Legal Question in Real Estate Law in Virginia

Re: Home Loan

Yes, (assuming that one spouse only is

on the note, meaning the mortgage, because the other either has no income or bad credit), this other spouse, nevertheless, should be on the deed, and the two should hold title jointly as "tenants by the entireties" to protect the property against adverse creditor action directed against one of the spouses to the possible detriment of the other.

Even if one spouse was excluded from the deed, in the event of the dissolution of the marriage, this person would still very likely have what's called a marital claim or interest in the property even though he or she was not on the deed.