Legal Question in Family Law in Virginia
Can she legally do this....?
I have been paying to have a lot of work done to fix up our house ....( which I have always paid the mortgage and all other bills concerning the household, except for 4 payments).... of 15yrs. Now I find out that my wife is planning on moving out, taking all the furniture ....(which she paid for).....and will be asking for a divorce. She is not aware that I know this. Can she take all the furniture and all of her possesions and make me sell the house ....... leaving me with nothing. I am diable and seeking social security disability, where we live now is close to my doctors and it would be even more of a hardship for me to have to give up the house. Isn't the furniture and the house considered joint possesions, and if so can she take the furniture out of the house without my approval......?
1 Answer from Attorneys
Re: Can she legally do this....?
You need to consult with an attorney to learn all of your rights and responsibilities in divorce. The state bar association has a lawyer referral program for a nominal fee that would give you 1/2 hr. with an attorney. Some of the local, county bar associations in VA also have referral programs that will refer you to a lawyer for a 1/2 hr. consultation.
In general, it doesn't matter who paid for what DURING the marriage. As long as the money used was from the money that either party was earning during the marriage, the property acquired (whether real or personal property) will be considered marital. If the furniture was your wife's before the marriage or if she paid for it with money that she was given by an outside source (e.g. an inheritance, not money she earned), the furniture will be considered marital. If you can afford to buy out your wife's share of the equity in the house, you could keep it and not have to sell it. If your wife is earning at a higher rate of earnings than you will be receiving on disability, she may owe you spousal support. Also, bank accounts, investments, pensions, retirement benefits, debt, etc. are also subject to division.