Legal Question in Family Law in Virginia

Divorce property in Virginia

I want to leave my husband and if I do will I abandon my rights to my home?


Asked on 6/07/08, 4:07 pm

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: Divorce property in Virginia

In a word, no. Even if you are not "justified" in leaving, even if you are found to have abandoned the marriage, your "fault" in the marriage is only one of several factors in determining your share of marital property. It is rare for the courts to divide marital property more disproportionately than, say, 45/55, and more often than not it is 50/50.

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Answered on 6/08/08, 6:11 am
Lisa McDevitt McDevitt Law Office

Re: Divorce property in Virginia

No you will not lose your rights in the home if you decide to leave your husband. However, be very careful about moving out because you may lose your right to occupy the house during while the case is pending in court. You should at least talk to an attorney before leaving the home to protect yourself.

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Answered on 6/09/08, 12:23 pm


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