QUESTION
Does a wife have any interest in a house purchased by a man before their marriage?
Asked on Dec 03rd, 2020 on Family Law - Virginia
More details to this question:
My husband bought a house before we were married and agreed with me verbally before we got married he would add my name to the deed once we got married. He also agreed we could set up and have joint bank accounts. He is now refusing to do so and won’t put my name on the current home and will not set up joint bank accounts with me. What legal interest do I have at any at this time, and in the event of a divorce, his death, and would I have any interest in this home if he decided to sell it at any time?
1 ANSWER
Family Formation Law Attorney serving Winchester, VA
at
The Law Office of Karen M. Holman, PLLC
Update Your Profile
One definition of separate property, contained in Virginia statute 20-107.3(A)(1), is property acquired by either party before the marriage. The house is his. Unless there was consideration for the "verbal agreement," he had no legal obligation to add your name to the deed.
Generally, assets acquired during the marriage, including increases to retirement plans, etc., are marital assets, unless it is derived in exchange for, or from the proceeds of, separate property. The definition of marital property is contained in Virginia statute 20-107.3(A)(2).
You have interest in marital assets and marital debt only. If your husband were to die without a will, you may gain an interest in his separate property through the laws of intestacy. If you divorce, or if he sells the house, you would have no interest in the proceeds.
Answered on Dec 04th, 2020 at 7:56 AM