What property in a divorce is marital?
In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time…
Filed under: Property Dispute Tag with: DIVISION | house | hybrid property | inheritance | marital property | prenuptial agreement | property | real estate | separate property
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…
Filed under: Uncategorized Tag with: divorce | house | hybrid property | marital property | separate property | separation | virginia
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…
Filed under: Uncategorized Tag with: adultery | credit cards | debt | division of debt | divorce | hybrid property | marital property | separate property | separation | waste
3 Ways a Virginia Prenup Can Hurt You
3 ways a Virginia prenup can hurt you Prenuptial agreements aren’t a whole lot of fun. In almost every case I’ve ever seen, one party has the other party completely over a barrel, and it diminishes any amount of bargaining power that she might have otherwise had. But, then again, that’s the point, isn’t it?…
Filed under: Uncategorized Tag with: alimony | divorce | marriage | prenup | prenuptial agreement | retirement | separate property | separation | spousal support
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…
Filed under: Uncategorized Tag with: divorce | equitable distribution | equity | hybrid property | marital property | mortgage | real estate | real property | refinance | separate property | separation | underwater | vacation homes
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…
Filed under: Uncategorized Tag with: divorce book | equitable distribution | hybrid property | marital property | monthly divorce seminar | property division | Second Saturday | separate property | Virginia divorce | what women need to know about divorce
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…
Filed under: Uncategorized Tag with: foreclosure | house | hybrid property | keeping the house | marital property | marital residence | refi | refinancing the house | selling the house | separate property | short sale | Virginia divorce
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…
Filed under: Uncategorized Tag with: custody | divorce | hybrid property | keeping the house | marital property | marital residence | selling the house | separate property
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…
Filed under: Uncategorized Tag with: divorce rights | marital property | prenup | prenuptial agreement | separate property | Virginia divorce | virginia law
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…
Filed under: Uncategorized Tag with: divorce | hybrid property | marital property | separate property | spousal support | student loans | virginia
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