Full question:
My wife and I are separated. We are in the process of being divorced in Washington state. However, I own a house in Virginia that I'm going to sell. I bought the house prior to the marriage and my wife doesn't make any claim to it. Am I going to need her signature at closing if it sells. And if so, what form can I have her sign now to have handy when I need it? Would a quit claim work even thought VA is a separate property state and only my name appears on the deed.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Virginia
Answer:
In Washington, property acquired before marriage is generally considered separate property, which means you likely own the Virginia house outright. Since your wife does not claim any rights to it, her signature may not be necessary for the sale. Virginia is an equitable distribution state, and the house, not being a marital property, should not require her consent.
However, to avoid any complications during the sale, it’s wise to have a quitclaim deed prepared. A quitclaim deed allows you to transfer any interest your wife might have in the property, even if she has no claim. This can be helpful in ensuring a smooth closing process. Remember, a quitclaim deed conveys only the rights the grantor has, so it's best used when ownership is clear.
Keep in mind that once the marital community ends due to divorce, community assets are divided. If you have a separation agreement that specifies the Virginia house as your separate property, that should reinforce your position. For specific legal advice tailored to your situation, consider consulting a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.