Property Q&A in McLean>Question Details

Susie, Home Buyer in McLean, VA

SEPARATED AND RENTING

Asked by Susie, McLean, VA Sun Jul 18, 2010

I've been separated from my husband for 2 years and had to move out and now I am renting. We've been married for 17 years. Recently I found out that my name is not on the deed to our home - only on the mortgage... His name is not on the mortgage, but he's paying for the loan. I don't know how the mortgage thing happened, - but it did what am I to do now... Am I totally screwed now?

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Answers

7
Virginia is a Community Property state. Even if he owned the house prior to you getting married, a portion will belong to you. That percentage is what the lawyers and the courts will decide. It need not be written that way.
You should be dealing with this from the very first day with your divource attorney. If not, get a new one.

Best Regards,
Jay Hurst
703-626-3855
Web Reference: http://McLeanTownhouse.com
0 votes Thank Flag Link Mon Jul 19, 2010
Good Morning Susie,

You're probably not screwed here, but you should speak with a real estate attorney. It happens much more frequetntly that someone is not on the mortgage, but is on the title. If you're on the mortgage, you should be on the title as well. Is it possible you signed a quit claim letter at some point, whcih could have been used to remove you from the title.

If you like, I can have Champion Title (one of the larger title companies) do a title search for you today, to confirm what you're saying. They can also see if you were ever on the title. If interested, call me on my cell phone today at 703-599-4755.

Regards,
Andy
0 votes Thank Flag Link Mon Jul 19, 2010
Hi Susie, If you would like to call me at 703-309-8062 or send me an email at: bryanjeannie00@hotmail.com with your property address I would be happy to contact my title company to have her do a search which will take her 5 min to see if there has been an error which does occur at times. This way you would have an answer very quickly and then you would know if you hiring an attorney for real estate reasons is truly what you need at this time. Have a great day.
0 votes Thank Flag Link Mon Jul 19, 2010
I would contact the title company where you had your settlement for the house. They should have all the paper work from old days. Or contact me. We can go to court house and do title search.
Web Reference: http://home1on1.com
0 votes Thank Flag Link Sun Jul 18, 2010
.Suzie,

Jeannie is correct, contact your attorney! I can say I am surprised that you hold a mortgage on a property that you do not hold a deed on...this might have been a paper mishap because otherwise your lender holds an unsecured debt. A secured debt, like a home loan, or car loan is attached to something. An unsecured loan like a credit card, small business loan or a small loan from your bank is not attached. Mortgages are obviously classified as a secured loan, this might be a paperwork error.

I am curious to hear what you find out so please check back once you have found some answers!
0 votes Thank Flag Link Sun Jul 18, 2010
This is a question for your lawyer, please don't hesitate to call a lawyer to see what your rights are in Virginia.
0 votes Thank Flag Link Sun Jul 18, 2010
Hi Susie, I would suggest contacting an attorney and get some legal advise. Good luck. Please let me know if you need help finding a home.
0 votes Thank Flag Link Sun Jul 18, 2010
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