Legal Question in Real Estate Law in Virginia
Sale of Land
I am separated from my spouse (more than 10 years). Do I need a quit claim from him to sell property that has been in my family at least 75 years? I reside in Florida. He resides in New York. We were married in Yonkers, N.Y. The property is in Virginia.
1 Answer from Attorneys
Re: Sale of Land
If he has a marital claim to the property acquired during the course of his marriage to you incurred through contributions he may have made to the property through his labor, materials he may have provided or money he may have contributed to its maintenance or improvement, the answer is, yes, he would need to convey his interest to the prospective buyer(or to you).
However, if none of the above is applicable and you were the owner of this property prior to your marriage to him, then there would likely be no need for a quitclaim or other conveyance of his interest since legally he would apparently have none.
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