marital property

How can we divide a family owned business?

How do we divide a family business in divorce? Coming from a family that owns a local business and now working for another small family-owned business, it’s pretty safe to say that businesses are something that I think about a lot. You might even be surprised at how often it comes up, but there are…


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How long do we have to be married to get half the house?

How long do we have to be married to get half the house? There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just…


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How is debt divided in Virginia divorce?

How is debt divided in Virginia divorce? After the market crashed in 2008, we handled a lot of cases where there was more debt than anything else. It was terrible. Houses were underwater, and I’ve never seen such high credit card debt. In fact, at that point, it seemed like a lot of people decided…


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Bankruptcy and Divorce

Bankruptcy and Divorce If you have more debts than assets and you feel like you’re drowning, it may be that divorce shouldn’t be your first thought. Let’s break it down a little bit. Because, of course, financially, divorce CAN help, especially if there are some issues (like his general extravagance) that you want to get…


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

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…


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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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Selling the marital residence in Virginia divorce

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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