Legal Question in Family Law in Virginia
Divorce Question (State of Virginia)
I am recently separated. I am staying in the home. The home is in my husband's name alone. As I understand it, this would be community property per VA state laws. I have taken over all household bills, which he says is required because I am staying in the house. I am trying to decide if I should stay there or move out, but I don't want to move out because I have two children that I am most concerned with keeping as much the same as possible for them.
My question is: Is he correct that I am now solely responsible for all the household bills because I am the only one living there now, or does he still have some responsibility for bills. I make about 15k a year more than he does. He has moved to his parents house and is under the impression that I have to pay all of the household bills and half of daycare/medical etc. I dont know how I could afford all of that on my own. Please advise.
2 Answers from Attorneys
No, bills incurred in connection with marital property are normally
shared in some proportion between the spouses. Your husband seems to be assuming much that has no basis in Virginia law.
You would appear well advised to seek a consultation with a Virginia
attorney who handles domestic relations matters and who should be able to
advise you further on this as well as other matters related to your
separation.
The term "community property" really does not apply in Virginia, which uses the concept of "marital property", defined as all property acquired during the marriage except that acquired by one of the spouses through inheritance, gift (from someone other than the other spouse) or reinvestment of separate (non-marital) property. If your husband acquired the home before the marriage, it is at least predominately, if not wholly, his seprate property. If so, he has a lot to say about who pays the utilities, etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
