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I am in the midst of a separation (the other party is not a legal spouse) in the state of Virginia. As part of our presently amicable understanding, we have agreed that the proceeds from the home we have owned and cohabited for ten years will be split evenly at the time we agree to sell it -- which may not be for several years (i.e., one of us will continue to live in it as primary residence, with kids).

The home is presently mortgaged under the other party's name alone. It had once been under both our names, but when we last refinanced 4 years ago, I was unemployed (and the stay-at-home parent). So it was deemed simpler to just refi under the other party's name alone rather than have my no-income status play a part in consideration of the loan. Thus the present situation.

Other party is in favor of plan to treat house as jointly held property (50/50) at such time as we agree to sell it; this is of course great, as far as it goes. I would like to have my name added legally as a co-owner of the property. We have already investigated refinancing the house again in order to get a loan in both our names, but determined it is fiscally unwise to do that given our circumstances.

What can I do to have my name added to the deed so that division of the property will legally be required to be disbursed 50/50 at the time we sell it, whenever that may be?

sara · Posted: Thu Dec 11, 2008 2:43 am Post subject: RE: add other party to the deed

Hi guest,

Welcome to the forums.

Whether it is Virginia or any other state, if you wish to add another party to the deed, it has to be done by signing a quitclaim or grant deed. However, it's up to the lender as to whether he'll object to the title change. He may not approve the transfer. In such a case, refinancing is the only way out. What I suggest is, have a talk with the lender as to whether he has any objection to the title change. Also, check your loan doc to find out if there's any clause or penalty involved regarding title change of your property.

Take Care

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Mortgage & title in one name; can title alone be reissued in