Woodbridge, Virginia · Marital Home
For many Woodbridge couples, the house is the largest asset they own, and there is rarely enough cash on hand to offset it. That makes the home the center of the divorce. Let me walk you through the three real options, how to get a spouse off the mortgage, and what your equity actually means.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on the marital home.
The three options
There are really only three things you can do with the house. Sell it and split the proceeds. One spouse keeps it and buys out the other. Or one spouse stays for a set time, often the parent with the children, with a sale later. Which one fits depends on the equity, whether either of you can carry the mortgage alone, and what the children need. For the wider framework, see our marital home disputes page.
The mortgage is the trap
Here is the part that catches people. Taking your name off the deed does not take it off the loan. If both of you signed the mortgage, both of you owe it until the loan is paid or refinanced, no matter what your agreement or the divorce decree says. The lender was not part of your divorce and is not bound by it. The only clean way for one spouse to be released is a refinance into the keeping spouse’s name alone, or a sale.
A Word About the Mortgage
If your spouse keeps the house but cannot refinance, your name stays on the loan, and a missed payment is your credit problem too. Tie the buyout to a refinance with a real deadline, so you are not left liable for a mortgage on a home you no longer own. A promise to refinance “someday” is how people get stuck for years.
Trying to decide what to do with the house?
A short conversation can lay out your options and protect you on the mortgage. No pressure, no commitment.
What the court can and cannot do
Under Va. Code § 20-107.3, a Virginia court divides marital property and can order the sale of the home when it is jointly titled and the spouses cannot agree, dividing the proceeds. What the court cannot do is rewrite your loan or force the lender to release a borrower. So even a judge’s order leaves the refinance-or-sell reality in place. Most couples settle the house by agreement, which gives you more control than a court-ordered sale.
What if there is little equity
Not every home has a cushion of equity. If you owe close to what the house is worth, a buyout may not make sense, and selling might cost more than it returns after fees. In that situation the honest options narrow, and the plan has to fit the numbers. A Woodbridge divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas.
“The deed and the mortgage are two different things. Fixing the deed without fixing the loan is how an ex-spouse stays on the hook for years.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three habits protect a Woodbridge homeowner. First, get a real value on the house early, an appraisal or a solid market analysis, because every option depends on the number. Second, never agree to a buyout without a refinance deadline, so you are not liable for a loan on a house you gave up. Third, be honest about whether one income can carry the home, since keeping a house you cannot afford only delays the problem. Match the plan to the actual numbers.
Decide the house with the mortgage in mind, not just the deed. The loan is what follows you.
Authoritative References
Sources
- Code of Virginia, § 20-107.3. Classification, valuation, and division of marital property, including the authority to order sale of jointly owned property. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 8.01-81. Partition of jointly owned real property. law.lis.virginia.gov/vacode/title8.01
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Woodbridge. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026. Confirm mortgage and tax specifics with your lender and a tax professional.
Frequently Asked Questions
What are my options for the house in a divorce?
Three. Sell it and divide the proceeds, have one spouse buy out the other and keep it, or have one spouse stay for a set period with a sale later, often the parent with the children. The right choice depends on your equity, whether one of you can carry the mortgage alone, and the children’s needs. Each has different cost and tax effects.
Does taking my name off the deed remove me from the mortgage?
No. The deed and the mortgage are separate. Signing the home over does not remove you from the loan you signed. If both names are on the mortgage, both of you owe it until it is paid or refinanced, regardless of the divorce decree. Only a refinance into one spouse’s name, or a sale, actually releases the other borrower.
Can the court make us sell the house?
If the home is jointly titled and you cannot agree, a court can order it sold under Va. Code § 20-107.3 and divide the proceeds. What the court cannot do is rewrite your mortgage or force the lender to release a borrower. Because a court-ordered sale gives you less control, most couples do better settling the house by agreement.
What if we have little or no equity?
If you owe close to the home’s value, a buyout may not be workable and a sale could cost more than it returns after fees. The options narrow, and the plan has to match the real numbers. Sometimes the practical answer is one spouse continuing to live there for a time, or selling once values or the balance improve. An honest valuation drives the decision.
Should the buyout be tied to a refinance?
Yes, with a firm deadline. If your spouse keeps the house but does not refinance, your name stays on the loan and their missed payment becomes your credit problem. Tying the buyout to a refinance by a set date, with a fallback such as sale if it does not happen, keeps you from being liable for a mortgage on a home you no longer own.
When You Are Ready
Let’s make the right call on your Woodbridge home.
Tell me about the house, the mortgage, and who needs to stay, and I will help you choose an option that actually protects you. The first call is a conversation, not a commitment.