Posted by Anonymous on 10/13/05 1:29pm
Msg #70284

WV property for person in NC

I am doing a closing for a property in WV. I asked if he was married - he said yes - he told me that wife would not be on documents.

I know in NC that the spouse MUST be on the DOT. Does anyone know about WV?

Reply by Anonymous on 10/13/05 2:13pm
Msg #70297

WV is an attorney state. n/m

Reply by PAW_Fl on 10/13/05 5:33pm
Msg #70357

Re: WV is an attorney state. So??

The signing is not being done in WV. It's for WV property being signed in NC. The question is whether or not there are spousal rights and requirements for property located in WV.

From Stewart Title:

Dower and curtesy have been abolished in West Virginia. W. Va Code Sec. §43-1-1 West Virginia Code. Spouses need not join in a conveyance to a bona fide purchaser for value or a mortgage, (§42-3-1, West Virginia Code), but the spouse must be given notice of the conveyance prior to or within 30 days of the conveyance or mortgage (§43-1-2).

West Virginia is not a community property state.

West Virginia laws allow a homestead exemption. The homestead exemption does not apply to purchase money obligations, taxes, or improvements made to the property. Both spouses must join in any conveyance.