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We were married in, have always lived in and all properties…

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We were married in Virginia...
We were married in Virginia, have always lived in Virginia and all properties are located in Virginia. I have 3 pieces of real estate all purchased by me prior to marriage and each property has always been deeded only in my name. 2 of those 3 properties purchased were also free and clear of any mortgage prior to marriage and remain that way. However, I have always had a revolving line of credit on my residence. At the date of marriage that line of credit balance was about $30,000. The credit line balance is now about $45,000. At the time of marriage in 2011 the house was assessed for real estate taxes for $150,000 but due to the housing decline it is now assessed for real estate taxes at about $130,000. Is my spouse entitled to any equity at all out of the house with the credit line debt or any equity out of the other 2 properties that I owned free and clear of any debt prior to marriage that have also decreased in value since the date of marriage?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 16 minutes by:
1/19/2016
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,684
Experience: Knowledgable and Experienced Attorney
Verified

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.

I look forward to providing the information you seek.

Best,

Attorney 1

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Customer reply replied 2 years ago
I am asking what interest my spouse would be entitled to out of each of the 3 properties upon potential divorce.
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

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.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

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Customer reply replied 2 years ago
I want to understand your answer. I would have to give my spouse no cash upon divorce for any equity or interest in any of those 3 properties. Is that correct?
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

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.

Please let me know if you need anything further.

Best,

Attorney 1

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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