Legal Question in Real Estate Law in West Virginia

Re: Question Regarding Deeds & Deeds of Trust

There are unknown facts to address this question. One must examine the deed, deed of trust and the separation or divorce documents. You are right that dower was abolished in W. Va. in 1992. Once a bankruptcy case is closed and the trustee doesn't administer the property, the rights of all of the parties revert to the same as they were pre- bankruptcy. It appears that DH intended to relinquinsh any interest to Ex but didn't sign a deed or a deed was signed but not recorded. It would seem unusual that the gas company would take a right of way from an owner of a fractional interest. It also appears that DH did not sign the note at the finance company but merely pledged his interest in the property to secure the note. The gas company would want to secure a subordination from the finance company because a forclosure would extinguish whatever right of way they had. Interesting situation but it seems that it could be worked out for everyone. One or more of the parties should consult a lawyer. He or she will review all of the documents and recommend a course of action. It could be that DH will do nothing. The question is-who wants something different than it is and why.