Legal Question in Real Estate Law in Virginia
Sale of Home During Divorce Proceedings
I have a home in my wife's name and we are divorcing, she is selling it on the market with a realtor and did not think I would notice since i'm out of the area to avoid splitting the proceedings. Legally, aren't I entitled to 1/2 of the personal property and do I need to notify the realtor or settlement company if she's trying to avoid splitting our home's sale? She's trying to delay the divorce and sell the home prior to then. Please advise. Thank you!
1 Answer from Attorneys
Re: Sale of Home During Divorce Proceedings
If the home is in your wife's name only, signifying that it is either all or mostly her property, you would not be entitled to half of the sale proceeds, although, if you can prove by a preponderance of the evidence that you somehow contributed to its increase in value(your labor/materials/money expended)during the course of the marriage, you may have some compensable marital claim to the property. It would appear, however, that you may be attempting to maneuver your way through this divorce without having had the advise of counsel which may well prove costly for you in the long run.
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