Real Estate Law
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Hello, and welcome. I am a licensed attorney and happy to assist.
Please let me know whether your question pertains to your husband's interest during the marriage, or whether you are inquiring about his interest upon potential separation or divorce.
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Thank you for the additional information. In Virginia, the courts would freeze the property until the end of the divorce case, preventing you from selling or transferring it until a final decree is ordered. However, since the property was owned by you prior to the marriage, and since you alone have title, the court would ultimately consider the property yours. That includes any line of credit attached to the property.
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That should be the case provided the properties were always titled in your name, only. If that applies, the courts will presume they are and have always been your separate property. Your spouse could potentially overcome that presumption with very strong evidence, such as a writing, giving the spouse interest in the property. However, the presumption in your favor would be difficult to overcome.
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