Tag:marital home


Experts to Have on Speed-Dial for Your Contested Divorce

Posted on July 20th, 2015, by Matthew Smith in Custody, Divorce, Family Law. Comments Off on Experts to Have on Speed-Dial for Your Contested Divorce

If you find yourself in the middle of a contested divorce and the stakes are high, you may need more assistance than your attorney can provide. With an eye toward preparing your case for trial or simply aiding in the settlement process, several categories of experts can be utilized to bolster your position and create compelling evidence in your favor.

These experts are typically experienced as trial witnesses, and the best ones come armed with CVs that add weight to their testimony and shield them from withering cross-examination. Experts can also prepare reports for use as evidence in court or as tools to bring the parties closer to settlement.

You should consider whether hiring any of the following six types of experts would be a worthwhile investment of time and money in your ongoing divorce:

Business Evaluator: This expert can be critical in cases … Read More »


How Will That Down Payment Be Treated in Your Virginia Divorce?

Posted on September 30th, 2013, by James Livesay in Divorce, Family Law. Comments Off on How Will That Down Payment Be Treated in Your Virginia Divorce?

It is a common story. You get married. You and your new husband or wife buy a beautiful new home. Everything is grand.

But then everything, gradually, over time, becomes… less grand, downright miserable, in fact. You separate. You contemplate divorce. You visit an attorney.

The question arises: what happens to the money that you (or your spouse) used to make the down payment? What happens to that money when you divorce?

There is a general rule that applies to this scenario under Virginia law. Just as background, real estate, when purchased during the marriage, is, by default under Virginia law, marital property regardless of how the real estate is titled. That is, the real estate can be titled in both of your names or solely or in the name of one party. It makes no difference to the question of whether or … Read More »


Separate Property in Virginia Divorce

Posted on March 14th, 2013, by James Livesay in Divorce, Family Law. 2 comments

Virginia is an equitable distribution state, meaning that the court has the authority in your divorce suit to classify the property of the parties as separate, marital or hybrid, to distribute any jointly owned marital property between the parties, and to grant a monetary award to either party to ensure that the division of marital property is fair and equitable.

The law of equitable distribution is complex, and not every detail will be addressed in this blog post. The purpose of this post is instead to set forth a few simple principles to help you determine what property will be off-limits to your spouse in your divorce case. In other words, what do you get to keep? What is your sole, separate property not subject to equitable distribution?

Generally speaking, the following kinds of property will be classified as separate in Virginia:

Property … Read More »


The Marital Home: The Sticky Wicket in Many Divorces

Posted on March 11th, 2013, by Matthew Smith in Divorce, Family Law. Comments Off on The Marital Home: The Sticky Wicket in Many Divorces

When a couple has the misfortune of proceeding toward divorce, often the marital home is the most valuable property to address. There are many things to consider when navigating this process in Virginia, and here are a few of the most important questions that must be answered.

How is the home titled and who is listed on the mortgage?

This will help to determine the options that are available for you. For example, if both parties are listed on the mortgage, and if one wants to keep the home, he or she will need to qualify for a refinance to remove the other’s name and take on the debt in full. And if the home is jointly titled, the party relinquishing it will need to execute a quitclaim need, special warranty deed or general warranty deed for the other.

Is the home marital, … Read More »


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