To keep, sell, or refinance the house in Virginia divorce

Real estate is easy. Either one or the other of you keeps it, in which case you refinance the mortgage to remove your spouse from liability, or you sell it and split the proceeds. There’s not a lot of options, so we can often cut to the chase pretty quickly. I want to keep the...

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Vacation Homes and Divorce

Equitable distribution is the fancy way we describe how property is divided in the Virginia divorce process. Under equitable distribution, the court looks at all a couple’s assets (the things that are worth money) and liabilities (yes, your debt gets divided, too!) and makes a determination about what each former spouse should take away from...

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His, Hers, Ours: Classifying Property in Divorce

When you’re happily married, everything is “ours”.  But as soon as one of you starts talking about a potential separation, it’s funny how many things suddenly become “mine” – especially from a man’s perspective.  I’ve only ever represented women only in divorce and custody cases, so I can speak most easily and comfortably about a...

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Keeping the House in Virginia Divorce

In a divorce, there are often a lot of assets, but none quite so big (or emotional) as the marital home.  Most women who come meet with me have really strong feelings about what they’d like done with the house.  Whether they want to keep it, sell it, are hoping for a short sale, or...

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In many marriages, the house is the biggest asset.  In others, it can be the biggest liability.  Either way—asset or liability—the way the house is handled in divorce is a really big deal.  Whether you want it, he wants it, or you just want it gone, the marital residence is a biggie. Whether you want...

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Prenuptial Agreements and Virginia Law

Let me just say this: prenuptial agreements aren’t all that common. And, if your soon to be husband has presented you with one, you have three options: 1. Sign it as is, and hope for the best. (Generally not recommended.) 2. Don’t sign it. Walk away, and hope he’ll marry you anyway—but with full knowledge...

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Student Loans and Divorce

Student loans are a reality of the world these days and, if you’ve got them, you’re definitely not alone. (In fact, you’re preaching to the choir.) In fact, these days, more people have student loans than don’t have them, and the average amount of debt each person carries is greater than ever before. It’s pretty...

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All sorts of different things spur women to take action in their divorce cases. One of the more common things I hear is that a husband has taken a withdrawal from an investment account, usually without wife’s knowledge. Usually, these women come in, panicked, thinking that because of their husband’s sneaky behavior that there’ll be...

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