A Virginia title examiner discovers that a deed recorded in 1998 in the Prince William County circuit court clerk's office was signed by only one spouse, even though both spouses held title as tenants by the entirety at the time. The property was later sold in 2010 and again in 2022. The current buyer's lender is concerned about the 1998 deed. Which of the following best explains the significance of this recording defect under Virginia law?
Correct Answer
A) The 1998 deed was void because both spouses must sign to convey property held as tenants by the entirety, and recording does not cure this defect—title may be unmarketable
Under Virginia law, property held as tenants by the entirety can only be conveyed by a deed signed by both spouses. A deed signed by only one spouse is void—not merely voidable—as to the non-signing spouse's interest. The act of recording does not cure a void instrument; recording only provides constructive notice of the recorded instrument's contents. Because the 1998 deed was void, it could not pass good title, and the subsequent 2010 and 2022 conveyances are also potentially defective, leaving current title unmarketable.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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