Legal Question in Family Law in Virginia
Protecting hard-work
Been married going on 2 years. Wife never moved into my house, because she felt like I should fix it up first. So, we have never physically lived together. I did not get her to sign a prenup, and I own over 200 acres of land. I have property, vehicles etc. I want a divorce, however, I want to protect my assests. Is she entitled to anything due to the fact we have not co-inhabitated our entire marriage?
1 Answer from Attorneys
Re: Protecting hard-work
Not sure if you got my reply so here it is again. If your marriage was otherwise valid the fact you did not cohabitate will not effect the validity. With respect to property--Va. is an equitable distribution state which means that the court divides the marital property based upon certain circumstances outlined in the statute. Separate property--that which is solely yours and was acquired prior to marriage is not subject to division. I suggest that you consult an attorney to consider your options. For instance, it may be more advisable to have a property settlement agreement with your spouse so that you and she--and not the court--divide up your property.
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