Property Transfer Legalities Explained

Summary

In West Virginia, property owned before marriage is typically considered separate property. However, if marital funds were used to improve the property, it may be considered marital property. Even if youre still married, your husband can generally transfer his separate property without your consent. Given your financial contributions, its advisable to gather proof and consult a local attorney to understand your rights and options. Discussing the matter with your spouse and considering mediation can also help resolve the issue amicably.

Full Conversation

My husband and I married in * we have a son I recently found out he signed his property over to his Mothers name he owned the property before we married
Hi ****, it's crucial to know your location for specific laws. But generally, if the property was his before the marriage, it's considered separate property. However, certain circumstances can change this. Would you please share where you are located?
West Virginia
Thank you for sharing, ****. In West Virginia:
- Property owned before marriage is usually considered separate.
- However, if marital funds were used to improve the property, it may be considered marital property.
- Transferring property can be complex; it's advised to consult a local attorney.
Ok thank you
You're welcome, ****! If you have any more questions or need further clarification, feel free to ask. Here at FreeLawChat, we're always ready to assist you.
Yes because I have worked put money into the home as well as him
In that case, you may have a claim to a portion of the property value. It's critical to:
- Gather proof of your financial contributions.
- Consult a local attorney to guide you through the process.
- Consider mediation to resolve the issue amicably.
I don’t want to take the property from him we are still married I just didn’t think it would be legal for him to sign over without me agreeing
Even though you're still married, in West Virginia, it's generally permissible for him to transfer separate property without your consent. However, considering your contributions, it may be wise to:
- Consult an attorney to understand your rights.
- Discuss this with your spouse.
- Consider legal advice to protect your interests.
Even if it’s our home ?
Yes, even if it's your home. In West Virginia, he can generally transfer his separate property, even if you contributed to it. However, your contributions could affect the legal status of the property. Consult a local attorney to understand your rights and options.