Full question:
I have been married for 6 years now. During this time, I acquired two properties with my earnings. I want to sell these properties as the market value of these properties has increased quite substantially and I want to invest in stock market. Do I need my husband’s consent to sell property in Virginia since I acquired it during our marriage?
- Category: Marriage
- Subcategory: Marital Property
- Date:
- State: Virginia
Answer:
In Virginia, the property acquired by the wife is not treated as marital property. Per Va. Code Ann. § 55-35, a married woman has the right to acquire, hold, use, control and dispose of property as if she were unmarried. The husband shall not have any right to deny such power of use, control, and disposition of her property.Va. Code Ann. § 55-35 reads:
“A married woman shall have the right to acquire, hold, use, control and dispose of property as if she were unmarried and such power of use, control and disposition shall apply to all property of a married woman which has been acquired by her since April 4, 1877, or shall be hereafter acquired. Her husband's marital rights shall not entitle him to the possession or use, or to the rents, issues and profits, of such real estate during the coverture; nor shall the property of the wife be subject to the debts or liabilities of the husband.”
In the case hand, per the above-quoted provision, the wife does not require her husband’s consent to sell the property acquired by her in Virginia.
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.
