I have a serious question: I have a friend who is seperating from her husband in VA. What is she entitled to?

Question

the husband bought the home and land be4 they were married. She was wondering how the courts would divide them. Just what she was entitled to having.Please no nonsense..Serious only .....and where she could find out what part was hers.....

Answer 1

She would have to double check with Virgina's state law but going from most states she's not entitled to the house or land only the things they got together and she's not entitled to all of that. They would have to have a mediator or a judge decide this. Hopefully she and her husband could agree on this before dragging it out in court. If they have kids together and been married awhile and been depended on him then he's going to have to provide some place for them to stay.

Answer 2

You have different answers all the way down in this one. She is not entitled to the house or the land if it was bought and paid for before the marriage. If they were together and not married when the house and land was purchased, she may get a share of it. And if they both paid payments while they were married, then she will be entitled to a share of it. However, if they were both bought and paid for in full before the marriage, then she has no right what-so-ever to either of those. Even though she has no right to them, depending on the laws there, he may have to help her get housing for a few months until she can get on her feet. Most attorneys offer a free consultation and can give her advice on this for free before she decides on an attorney. She could bring it up personally to him, and he may agree to give her a share of the property in question. If so, then she can get what he gives her. Everything aquired during the marriage is split 50/50 between them both. Everything before the marriage goes with the one who brought it into the marriage unless otherwise agreed upon either verbaly or written. I wish her luck.

Answer 3

She really needs to seek the advice of an attorney. Is there a prenup? Since he had the assets prior to the marriage, she would only be entitled to half of what was aquired in the marriage. The land and house may not be anything she can get her hands on.

Answer 4

If they had no prenuptial agreement then she's co-owner to the property unless he contesting it. If this is something that has been on his family for many years the judge will take the in consideration. If they've been married only a short time, that's a consideration also.

She may enter suits against the property, against the land, etc. the judge will consider all of this.

In this case I would say to get a very good attorney versed in land.

Answer 5

The whole thing rests on the laws in Va. She may be entitled to 50% but I don't think so being as he owned the house before they married. If they have underage children who abide in the house there may be more leverage for her in that case. It really is something she needs to get a good Jewish Attorney for! (I am from NY and to get a good Jewish Attorney is a great asset & a compliment). She needs to know her rights.

Answer 6

Now to sift through the nonesense.

First, you do not mention how long she was married. Although the home and land was purchased before the marriage, has anything been done to either to increase their value other than time?

Virginia practices equitable distribution which is different than marital v. separate property distribution. The goal of quitable distribution is to fairly divide the couple's marital assets with respect for both their monetary and nonmonetary contributions to the property and to the marriage.

For example, the home was purchased before the marriage. However, if you have been married for 20 years and made additions to the home to increase the value, then the difference in equity between the marriage date and the divorce filing could be viewed by the court as 'marital assets' and therefore distributed equitably.

so too with the land. If improvements have been made to alter the value of the land during the marriage, then because income derived during the marriage is considered marital property, and because marital property was used to increase the value of a non-marital asset, that increase in value now is converted to a marital property asset.

Virginia considers marital property to be of three basic forms:

Property acquired by either party during the marriage that is not separate property

Property that is part marital and part separate.

Property whose title is held by both parties (however, this still may be proven to be separate or partly separate if it can be traced accurately and fairly to separate property).
Separate property includes:

1. All real and personal property acquired by either party before the marriage

2. All property acquired during the marriage by inheritance or gift from a source other than the other party

3. All property acquired during the marriage in exchange for or from the proceeds of the sale of separate property, provided it is maintained separately

Any income generated from separate property by the active efforts of either party is classified as marital.
Separate property can also become marital property in several ways, including the failure to maintain the property as separate, or commingling with marital property, in a way that is too complex or undocumented to trace back to its source. Assumed in these general rules is that any property gained by either party during the marriage was gained with the knowledge that it would become marital property.
Marital property, however, cannot become the separate property of either party without valid and specific agreements by the parties.

Answer 7

Her Hubby has to agree to give a lum sum compensation to the court will attach the Property in her name 50/50. Definately wife can get the Compensation or she can argue to attach the property in her name..

Answer 8

IF THERE WAS NO PAPER'S DRAWN UP THEN SHE IS ENTITLED 2 HALF OF EVERYTHING. AND IF THEY HAVE KID'S SHE WILL GET MORE THAN EVEN HALF. ALSO,SHE COULD GET AN ORDER OF PROTECTION AND KICK HIM OUT THE HOME IF SHE IS NOT IN IT. ANY MORE ADVISE CONTACT ME [e-mail].

Answer 9

she needs to get legal advice every situation is different get a lawyer and right away