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Do I need my husband's consent to sell property in Virginia?

Do I need my husband's consent to sell property in Virginia?

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: 04/07/2025
State: Virginia

Answer:

In Virginia, property acquired by a married woman is not considered marital property. According to Va. Code Ann. § 55-35, a married woman can acquire, hold, use, control, and dispose of property as if she were unmarried. This means her husband cannot deny her the right to use or sell her property.

Therefore, you do not need your husband's consent to sell the properties you acquired during your marriage 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.

FAQs

What is real estate acquired by either spouse during marriage?

Real estate acquired by either spouse during marriage is generally considered marital property in Virginia. This means that both spouses have rights to the property, regardless of whose name is on the title. However, property acquired by one spouse through inheritance or as a gift may be considered separate property. It's important to document the source of funds used for purchase to clarify ownership rights in case of a divorce.

Does property owned before marriage become marital property?

Property owned by one spouse before marriage typically remains that spouse's separate property in Virginia. However, if the property is improved or its value is increased during the marriage due to joint efforts or funds, it may be subject to division in a divorce. It's crucial to keep clear records of ownership and any contributions made by both spouses.

Is rental property a good investment in 2025?

Whether rental property is a good investment in 2025 depends on various factors, including market conditions, location, and personal financial goals. Generally, rental properties can provide steady income and potential appreciation. However, it's essential to conduct thorough research and consider the costs of property management, maintenance, and market trends before investing.

Is an investment account community property?

In Virginia, an investment account can be considered community property if it was acquired during the marriage. This means both spouses may have rights to the account's assets. However, if the account was established before marriage or funded solely with separate property, it may remain separate. Understanding the source of funds and account ownership is crucial.

Is a rental property considered investment income?

Yes, rental property is generally considered a source of investment income. The income generated from renting out property is taxable and should be reported on your tax return. Expenses related to the rental property, such as maintenance and property management fees, can often be deducted from this income, affecting your overall tax liability.

Is investment income community property?

In Virginia, investment income earned during the marriage is typically considered community property. This means both spouses have rights to this income. However, if the investment was made with separate property or inherited funds, it may be classified as separate property. Understanding the source of the investment income is essential for determining ownership rights.