Legal Question in Family Law in Virginia
real estate
If a house is in one name only and you have been married
26years, what happens if you get a divorce? Will it be split
in half? Also I have put alot of money into this home. The
loan went through with my dad being a war vet. We both had to give our credit reports and etc. I just didn't go to the
closing and sign. I also need help because he is an alcoholic. He has abuse me for years and he told me that he
owns this house and I can get out. Is he right?
2 Answers from Attorneys
Re: real estate
In a divorce action, one of the steps is to provide for an equitable distribution of the marital property of the parties. Regardless of how the house is titled, it is marital property because it was obtained during the marriage. A court could not require your husband to title the property in your name, but could require him to make a transfer of money to you to pay you for your interest in the house. What that interest is depends on the facts, and it sounds like you have a quite substantial interest in the property; your father's vet status helped acquire the house, and you put years of effort and money into the house. Getting what is justly yours is a process you should not undertake without an attorney experienced in family law matters.
On the question of your husband's alcoholism, you will find that he is the one who must make a decision to help himself; you cannot do it for him. You can, with help from Alanon, make him at least look at his sickness, but he has to be the one to seek treatment.
Re: real estate
No, your husband is not right in his assertion that after 26 years of marriage that you have no marital claim to your home, even though title may be in his name only. Your monetary and other contributions which have contributed to the property's increase in value over the years would appear to qualify you for a marital interest in this residence.
However, you may have to fight for it and in that case you'll need an attorney knowledgeable and qualified in Virginia divorce matters and the division and distribution of marital property in order to ensure that you eventually get what's yours from this marriage which, unfortunately, may now be headed for dissolution.
Your local AlaNon chapter may be able to assist you in dealing with your husband's alcohol problem.