Legal Question in Wills and Trusts in Virginia
Husband recently passed away and I wanted to know if the house that has both my mine and my husband's name on the title, can creditors come after the house if the debt is only under his name? Also, is the house a part of his estate if both of our names are on the title?
Asked on 12/20/10, 1:55 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
Assuming that the two of you held the house as "tenantes by the entireties", which is likely if you acquired it during the marriage, the house would pass to you upon his death, and no judgments or liens could attach to the house other than those in both names, yours and your husband's. As entireties property, passing to you upon his death, the house would not be a part of his estate.
To be safe, you should have an attorney look at the paperwork.
Answered on 12/25/10, 5:19 pm
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