Legal Question in Family Law in Virginia
Family home in NC/Husband in NC/Wife in VA
Husband has an affair. Wife and husband agree to live separate. No separation agreement. No ED agreement. No children born of marriage.
1. Property in both states in both names. Wife rents portion of VA property. Is husband entittled to any portion of the income from that rental? Is husbands' approval required on lease?
2. If rental is to a male is that a problem?
3. What happens to rental payments?
4. Can husband charge wife with desertion at later date?
1 Answer from Attorneys
Re: Family home in NC/Husband in NC/Wife in VA
Both spouse should obtain lawyers for the purpose of drawing up a mutually agreeable separation and property settlement agreement.(This does not in any way mean that the spouses are or will be required to get a divorce.)This agreement can be filed with the court and will settle all of the various issues which you have posed in your question and may prevent in some measure future disharmony and even rancor between the spouses.
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