Legal Question in Family Law in Virginia

I have a house that I bought prior to 2nd marriage. If something happens to me, I want the house to go to my son. Husband never lived in house, but now wants to move there. Is there a way to protect right to give house to son if we move there?


Asked on 1/21/10, 6:56 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If your current husband moves to this property, you must ensure that he does nothing to the property which could give rise to a marital claim to it on his part such as paying for any part of its current mortgage(if any) upkeep/maintenance, improvements(which could also be done through his labor), or taxes etc. and you should keep careful records of all such expenditures(whether sweat or $) that reflect only your money and efforts and none of his.

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Answered on 1/26/10, 11:52 am
sheryl shane sheryl shane, attorney at law

I think you are putting yourself in a situation where it can more easily be establlished that the use of the house has commingled funds if your husband moves in.

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Answered on 1/29/10, 1:56 pm


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