Legal Question in Family Law in Virginia

I am seeking to separate from my wife of four years who, in the last 2 years, has been diagnosed with cancer (2-10 years to live). She is asking for life rights to our home which I owned before the marriage. I am willing to compromise but do not wish to give an open ended time to her for living there. What are my options?


Asked on 12/09/10, 11:43 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In terms of this home which you claim to have owned prior to your marriage, your

wife in reality probably as little (or no) basis under current Virginia law to make

any sustainable marital claim to it. Consequently, if such is actually the case, then anything that you choose to give her in regard to this home is very likely just that, i.e., a gift (which legally you have no obligation to make).

However, what you may feel yourself morally obligated for in this particular

regard, of course, may be quite a different matter.

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Answered on 12/14/10, 12:19 pm


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