Deed vs survey.

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Deed vs survey.

My land is in a gift deed from my father years before my marriage. Now my husband
has had a land survey done and is trying to say the land is half his if we
divorce.

Asked on October 28, 2017 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The general rule - which is the same in Virginia - is that property that hs been inherited (before or after the marriage) in the sole name of one of the parties is separate property and remains separate property in a divorce.  There are nuances to this and property can become quasi-marital too so please seek legal counsel.  Good luck.


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