Legal Question in Real Estate Law in Virginia
right of first refusal and divorce settlement
My soon to be ex is supposed to be paying me for my half of the house and land we owned together. Now his lawyer is claiming that he doesn't have to pay as much because when we were deeded the land his dad put that he had the ''right of first refusal'' and that the land at the time of the deeds was worth about 40000, so that all he has to pay me now is my share of that amount. It is worth much more now. How does the right of first refusal affect a divorce settlement-he will not be selling the land to get the money.
1 Answer from Attorneys
Re: right of first refusal and divorce settlement
Unless, the lawyer can cite persuasive legal authority for this contention, I believe that this assertion is simply wrong (and really makes no sense) as you in effect would be denied your share of the increased equity based upon a mere promise which apparently was never even acted upon.