Legal Question in Real Estate Law in Virginia

Nmae Removal of Deed

How can my husband and I remove his ex wifes name from the deed if she is not willing? Is she responsible for half the mortg. pymt or taxes or anything? They have been divorced for almost 3 years and he has resised at the resident for the whole time and myself for the last year. What can we do?


Asked on 9/17/07, 12:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Nmae Removal of Deed

No, your husband cannot on his own unilaterally divest his former wife of her interest in this property without her cooperation as she's still the legal owner of one half of this real estate.

His remedy is either to convince her to

allow him to buy out her one half interest in the property or to file a partition suit in the local circuit court which likely would result in a court order to have it sold with the proceeds of the sale divided between your husband and his ex wife. (This matter should've been settled at the time that the divorce was finalized along with any other property issues from the marriage)

And, yes, your husband's former wife would be responsible for her share of the items which you've mentioned and these amounts could be deducted from her share of the sale proceeds.

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Answered on 9/17/07, 2:06 pm


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