Legal Question in Family Law in Virginia

Re: what is adultery-and does it take away all of your rights?

I agree with the other lawyer that if your name is on a deed you may enter the property. If he changed the locks you may break the door down.

What I don't necessarily agree with is whether you have any marital interest - that is a financial stake - in the property. Since it was his separate property before marriage and he redeeded it to include you - you would have to prove that his deed to you was a gift - the burden is on you to show a donative intent in his putting you on the deed - if it was recorded, for instance as a "deed of gift" - that is pretty good proof. The burden would be on you to establish the gift and since that is true it is not a foregone conclusion. You need a good lawyer obviously.

Re: what is adultery-and does it take away all of your rights?

Adultery, if proven, is a so-called fault ground for immediate divorce in the Commonwealth. However, it does not serve as an automatic bar to

the adulterer/ess from receiving a share in the marital property. As to what a fair and equitable distribution of the marital assets in

your particular situation might be, it would be

difficult to judge without knowing many more facts. However, it would probably be fair to say that in all likelihood they're rather minimal.

However, notwithstanding all of the foregoing, you are, nevertheless, a joint owner of the house if your name is on the deed and this fact has the potential to be utilized by you as quite a substantial bargaining chip in negotiating any final settlement. Technically, you are an owner of a one half undivided interest in the whole and have as much right to take up residence in that house as your co-owning husband.