Legal Question in Family Law in Virginia

Re: Does cheating wife get anything/

First of all... divorce may not be the answer, but if you are determined that divorce is what you want, then here is my opinion: I would not totally feel safe as far as the house is concerned. Has she made payments on the mortgage? has she paid for maintenance of the property? has she paid for improvements? Have you both lived there with your children? Have you been married for many years? There are so many things to consider when it comes to what are the properties (real, tangible and intangible) that fall into the marital assets that get eventually split between the spouses. If she is at all entitled to a portion of your house, if you sold it (which of course you could do without her consent, signature and so forth as long as you are the only one on title) she could still attach the proceeds of the sale. As far as the cheating is concerned... she is still entitled to her fair share... I strongly advise you to seek the help of professionals, if you are not willing to commit to an attorney you should consider alternative dispute resolution (ADR), negotiation and counseling.

Sincerely,

Tiziana Ventimiglia

Re: Does cheating wife get anything/

Adultery will not bar her completely from sharing in a distribution of assets. As to whether the house is separate or marital property, this is a question too complicated to answer without knowing many more facts of your case. You should consult with a divorce attorney immediately if you are set on filing for divorce. Just because you brought the house into the marriage and it is in your name only will not necessarily bar her from sharing in some distribution of its value, depending in part on what monetary or nonmonetary contributions she has made towards its increase in value during the course of the marriage.