Utsch v. Utsch

Shortly after his marriage to Julie Andrews Utsch (“Wife”), Francis Vincent Utsch (“Husband”) transferred title of their marital residence from his name solely to himself and his wife as tenants by the entirety. The conveyance was made by deed of gift and recited “love and affection” as consideration for the transfer. Additionally, the deed of gift recited that the conveyance was exempt from recordation taxes under Code § 58.1-811(D). In the divorce and equitable distribution proceeding, the trial court held that the deed of gift was unambiguous and, consequently, that parol evidence…