Legal Question in Family Law in Virginia
Partition Suit
When my wife and I divorced 3 years ago, her name stayed on the house until the last child (now age 10) turns 18. I was awarded custody of 5 children, 2 of which have since turned 18 (and I still am supporting them). My wife got a fair settlement from our joint savings and is paying no child support. I am considering remarrying. If I want to sell the house now and move can I do something to force the issue and get my ex-wife's name off the house? None of the money originally put down on the house was her's exclusively. I will need the proceeds from the sale to buy another house. I believe I should get all the money from the house as I have calculated my support of the children from our seperation until each turns 18 to be over $300K), with Zero help from her. What are my chances of successfully getting her off the house. What would filing such a motion cost (range)?
RC
2 Answers from Attorneys
Re: Partition Suit
Partition suits are quite expesive and lengthy. Better you should get her to sign a deed conveying her interest in the house to you.
How?
She should have been paying child support all along. You have three kids in your custody under 18. The court retains jurisdiction over the parties so long as there are minor children, and have the power to order child support even where the parties have agreed there would be none.
Present any ideas?
Re: Partition Suit
Apparently, your wife retains a legal claim to your house for the next eight years, or so.
Merely by asserting the claim that she should've been paying child support for the intervening years, and, because she was not, that you, now, should be entitled to all possible proceeds from the sale of the house, will not wash very well,
from a legal perspective.
You had the opportunity to pursue your claim for child support and for whatever reason you did not. One could argue, therefore, quite persuasively, that the claim has been waived.
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