Legal Question in Family Law in Virginia

PSA and marital assets division

My soon to be ex-husband and I are working on settling our mutual assets. When I was contemplating divorce, I spoke with a lawyer and it was suggested that if any doubt in my mind spouse would lock joint account(s), to take out my half. So I did. During the time we've been separated, he did not once question the money I withdrew until he saw the PSA draft I started. He made a comment on returning the money to him and then giving me an ''agreed upon amount''. Also with the house, I asked fo half the equity since I knew he'd want to take it over, and he wants for me to have an ''agreed up amount'' and marks out ''half''. I was very fair with what I wanted and what I was letting him have. We have no kids, the only debt is the house, and we both have full-time jobs. Am I able to get half? I was under the assumption I could. I also think that maybe his lawyer is trying to see how much money & property i am willing to give up willingly. I have not given him a response on his comments yet since I don't want to back myself into any corners. I have called for an appt with the lawyer I talked to, but I thought i'd throw the issue on here and see what other input I could get.

Thanks.


Asked on 6/15/07, 6:15 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: PSA and marital assets division

Half of the joint accounts would likely be provable as yours. The same could also apply with respect to the house if each of you incurred roughly then same financial obligations or made similar monetary contributions to its purchase and subsequent maintenance and/or improvement.

It should be noted, however, that it would appear that your spouse and his attorney may now be involved in tactics desgined to "whittle away", so to speak, your various claims to the marital property.

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Answered on 6/21/07, 9:02 am


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