Legal Question in Family Law in Virginia

property division

Married 16 years, currently separated. No minor kids. Wife no longer lives in house. Husband has stopped paying and wants home to go into foreclosure. He plans to take all appliances and fixtures out and put in his new home that father bought him. This will ruin credit for both. There is a separate piece of land and large boat (50K) that has not been divided. Other boats, car, jet ski�s all paid for have been split.

Question:

Husband wants to keep remaining land and boat for himself.

Will a judge likely spilt the land and large both equally or force a sale and split money?

If house goes into foreclosure will the BK courts force the sell of all their extra cars, boats, land, etc., to pay back some of the money to the mortgage co.

Anything that wife can do to protect her from any of this.


Asked on 5/13/09, 12:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: property division

Since land is often hard to equably divide, the court will probably opt for a judicial sale of this property in lieu of partition. Whatever personal or real property of the bankruptcy filer that is legitimately in the bankruptcy estate could be liquidated to pay creditors.

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Answered on 5/15/09, 10:55 am


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