Legal Question in Family Law in Virginia
Keeping the house with spousal support
My daughter is being told by her husband that their one year-old home must be sold after the divorce is settled in one year. I want to know if a wife in Virinia Beach, VA is allowed to keep the home with the divorced husband responsible for its upkeep as well as paying child support. They have three children.
My daughter has been a stay-at-home mother maintaining a baby-sitting service for most of the 15 years they have been married.
2 Answers from Attorneys
Re: Keeping the house with spousal support
The husband is entitled to get his share of the equity out of the marital home. If wife can afford to refinance the house in her own name she can keep it.
The wife may be entitled to spousal support to help her afford the mortgage but no judge can force the husband to remain on the mortgage.
If she has custody of the children she will certainly get child support.
Good luck.
Re: Keeping the house with spousal support
Yes, I'd say such an outcome as you've described for your daughter is certainly within the realm of possibilty provided that she's represented by an attorney sufficiently competent to make it happen.(There is nothing in Virginia domestic relations law that requires a marital residence to be necessarily sold after the divorce of the parties, although that is one possibility.)
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