Legal Question in Family Law in Virginia
my wife and i built a house on my land. the deed to the land has my name on it. the house has both our names, now we are divorcing. i claim the house is mine because it was built on my land. ( my house was torn down to build the new house.) This is in Virginia. Married 4 years.
2 Answers from Attorneys
No, your claim is not sustainable under Virginia law; your wife under these facts
clearly has a marital claim to the house if not to the land on which it sits(which
is not necessarily clear from these particular facts).
As I understand the facts, the house and land will be classified as part separate and part marital -- hybrid property. The parties or the court will have to work out the numbers.
I doubt that the land is still in your name only, since you indicate the house is in joint names.
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