Legal Question in Family Law in Virginia

Gifts and rights in Virginia

If a person is in a intimate relationship for less than 4 yrs. , and is given gifts throughout this relationship. What rights does the " recieptant" have in the state of VA, if the relationship ends? What if a child or children were involved?


Asked on 2/20/98, 1:33 am

1 Answer from Attorneys

John Maus Law Office of John R. Maus

Rights at End of Intimate Relationship

This posting is not intended to be the giving of legal advice or the establishment of an attorney-client relationship. In this Office, the attorney-client relationship is undertaken only when a written fee agreement is executed after a fuller discussion of the facts and an informed decision by the attorney that he desires to enter into the attorney-client relationship.

It is unclear from the question whether the "intimate relationship" included living together and doing things that, in other states, would constitute a "common law", i.e., non-ceremonial, marriage. Virginia does not recognize common law marriages begun in the Commonwealth, but will recognize such marriages if they are valid in the state where they occurred. A gift is a gift regardless of the relationship of the parties. (It is rare that one gives a gift to a total stranger!) Having children with another person may make that person a "family or household member" within the meaning of the juvenile and domestic relations district court law, but it is not significant with regard to the nature or dissolution of the intimate relationship.

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Answered on 2/26/98, 8:56 am


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