• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does putting name of spouse on deed make it marital property?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

babygirl73

Junior Member
What is the name of your state? Virginia

Prior to our marriage, my husband purchased the land on which our home is built. He deeded the land in both our names soon after we married, which we together signed over as security for the construction loan, and avoiding mortgage insurance.

Being that he owned the land prior to our marriage, but then retitled the deed of the land to include both our names, is the land considered to be separate property or marital?
 


Ohiogal

Queen Bee
Marital property so long as you have a current interest in the property. There are times when a spouse's name can be on the deed and it does not give them a current interest in the property and thus it is not marital property. A TOD is an example.
 

nextwife

Senior Member
Marital property so long as you have a current interest in the property. There are times when a spouse's name can be on the deed and it does not give them a current interest in the property and thus it is not marital property. A TOD is an example.
And there are cases in which a person who has a titled interest in the property has NO marital relationship, but, being in title, have an ownership interest, unrelated to a marriage.

If a person is vested in title, they have an OWNERSHIP interest in the property. Whether married to each other or not.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top