Legal Question in Real Estate Law in Virginia

House Deed

My husband ans I bought a house. We are now seperated (for 3 years) and his has signed a quit claim deed over to me last August (2005). The deed is now in my name only but the loan still has his name on it until I can get it refinanced.

He has a credit card he has not paid and they said they will attach the house if he doesn't pay.

My questions is this: His name is not on the house deed, can they attach the house? The credit card is in his name only.

I'm trying to get the house refinanced at the writing of this question. His court date is July 11, 2006. We should close at the end of June, 2006, on my refinance.

Is my house safe?

Please, please advise.


Asked on 6/20/06, 1:10 pm

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

Re: House Deed

No, the credit card company cannot "attach the house" if you are now the only owner of record

and your husband is not on the deed. (Even if he were on the deed and you held title with him as a tenant by the entireties, they still could not take enforcement action against the house--as long as you were not jointly liable with your husband on the credit card account.)

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Answered on 6/22/06, 9:54 pm


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