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?
2 Answers from Attorneys
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.
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.