Legal Question in Family Law in Virginia

My husband convinced me to take $10,000.00 out of my 401k. He wanted to borrow the money to buy merchandise for his store. Now he has decided he wants a divorce, he kicked me out and says he doesn't owe me anything. We were married 4/27/07, so he was not around when I was saving to the 401k. How can I get my money back from him? I have all of the cancelled checks written to Lowes for the merchandise. He specifically told me he would pay me back. Thanks for your help!


Asked on 9/17/09, 9:44 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If your husband refuses your demand for immediate payment of this loan, you will be able to claim it against his share of the marital property which will be determined before the divorce is final. (If there is no marital property from the marriage worth considering, then your claim would be against his personal property such as his store and all that it contains.)

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Answered on 9/22/09, 10:46 am
sheryl shane sheryl shane, attorney at law

You should hire an attorney for a divorce and request an equitable distribution hearing.

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Answered on 9/22/09, 12:46 pm


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