If I have been married 20 years and purchased a mortgage in my name only 10 years ago, who gets the house?

Asked on July 30, 2012 under Family Law, Virginia


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

If a house is purchased during the course of the marriage, it is normally considered to be marital property, regardless of whether the mortgage is in the Husband or Wife's name.  To resolve the issue of property division, the parties may agree on who retains the marital home.  If the parties are unable to agree, the court could award the property to either one of the parties or order that the house is placed on the market and sold. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.