How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Legal Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

In Virginia, what are my rights as a widow if my husband ...

Resolved Question:

In Virginia, what are my rights as a widow if my husband died in October of this year and previous to our marriage his daughter''s name was put on the deed to the house? The home that I was brought to after we married = can I live in the house until my death? What if my husband made a mortgage on the house after we were married? Do I pay the whole mortgage payment? His Will states I am to get "half" of all...If I am by rights to live in the house until I die, should I have to pay just half of the mortgage payments; half of the house tax; & and half of the insurance on the house...My name is XXXXX XXXXX the house deed...His daughter would not sign a request for my name to be added to the deed before my husband''s death...she approved her Father''s action to make the mortgage loan but the loan was in his name only...again, what are my rights as widow in the state of Virginia?
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
1) Was the deed to the house with the daughter and father only?

2) Do you know if the deed stated anything about joint suvivorship?

3) So the father's name is XXXXX XXXXX the mortgage is that correct?

Customer: replied 6 years ago.
1...Father added daughter to his deed previous to 2005

2...do not know at this time

3...The Father's name only is on mortgage loan
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your responseCustomer

1) The only way you will have any right to the property would be to determine how the deed was worded. If the deed gave the daughter ownership by rights of survivorship, this means that the daughter takes ownership of the entire property and you acquire no ownership rights, regardless of what the deed says. In a right of survivorship the surviving owner automatically takes possession of the entire property and the other owner's rights are terminated upon their death. This is why it is very important to see how the deed is designated.

2) If the property did not title the deed with right of survivorship, then your spouse's interest remains in the property and the will controls what interest you have in the property. If the will states that you are to get "half of all", then that may mean that you share ownership of the house with his daughter as co-tenants. As co-tenants both of you can live on the property and both of you can be responsible for the mortgage (typically half payments) and can force the other to pay their share of the mortgage.

3) Since the father was the only person on the mortgage, the mortgage will have to be refinanced to name the new owners on the property. This can either be done by refinance or assuming the existing loan.

4) Again the only way to determine what interest you may have to the property will depend on how the deed is titled. If there a provision of right of survivorship, then daughter takes all and you do not take the home. If the deed does not state right of survivorship, then daughter and you will share co-ownership interests of the home and you can live on the property and pay the mortgage as stated above.



Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.