Legal Question in Family Law in Virginia
Equitable Distribution
I told my husband 4 mths ago I wanted a divorce. Up until about 2 mths ago he rarely contributed any funds towards household bills. Now he wants more money from me (for settlement of the house)than I'm willing to give. I made him a final offer ($25K less than his final offer to me) for the house. That was 2 weeks ago and he has not answered me yet. We still live in the same house. I want to know if he decides he doesn't want to leave then what? How do I get him to move out? Also, in the State of VA what is considered equitable distribution? If this went to court would the judge take into consideration that we lived there for over 3 years and he rarely gave me any money towards bills? I have had a full time job the entire time and he has worked sparaticly.
1 Answer from Attorneys
Re: Equitable Distribution
Unfortunately the court will not remove him from the home against his will during the separation, unless there is domestic violence that you can prove to the court. Without domestic violence, the court will force either of you out of the house and you'll have to live separate and apart within the same house. That requires that you not share the same bedroom.
Equitable distribution is determined by several different factors, one of which is the monetary and non-monetary contribution each party made to the marriage and the property (which given the facts above will likely lean in your favor). You can visit my web site at www.easy-divorce.net and read more about equitable distribution.
Feel free to contact me if you have any questions.
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