Legal Question in Family Law in Virginia

Re: My dad and I purchased a house after I got married

Your husband has an equitable interest in your share of the ownership of the house. There is nothing you can do at this point to eliminate that interest other than negotiate with him to have him waive his interest.

Re: My dad and I purchased a house after I got married

You should accummulate careful documentation/records regarding any contributions(or lack thereof)in terms of labor or materials or money by your current husband which he may have made--or not--and which may have reasonably conduced--or not-- to the house's increase in value during the term of your marriage.

If such contributions can be shown to be virtually nil, you may succeed in proving to the court that the house should not be considered

marital property when it comes time to equitably divide the marital assets,(if there be any)from your marriage.

If such should come to pass, your husband would not be entitled to any share in the property which you presumably hold title to as a tenant in common with your father upon the dissolution of your marriage.

Re: My dad and I purchased a house after I got married

The answer to the question has to do with when you bought the house. If before the marriage then it is your separate property with your father and you husband probably has no marital interest in it. If you purchased it with you father after the marriage then it depends on whether your father gave it to you as a gift and whether you used any marital funds to purchase it or maintain it. Marital funds can be your income your husband's income, or funds from any joint accounts used to pay the mortgage etc.

If it is your separate property then the only way your husband would have any marital interest in it is if he can prove he made "substantial improvements" to the house such as taking out a loan to build an addition. Paying the mortgage or painting a room does not constitute "substantial" improvement.

This issue is far too complicated not to sit down and pay for the advice of a competent attorney.

Good luck.