Q: Can I freeze my husband's assets during our marriage? He always threaten to sell everything and our kids and I will have
A: This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and therefore each party has an interest, doesn’t matter who bought it or who incurred the debt, and “Hybrid” means the property is part of each of these. For example, if there is $50,000 in a bank account that was deposited entirely during the marriage, barring extra factors, that $50,000 is all marital and each party would have an interest. How much will go to each party will be up to the Court; however, because at least part of it will go to each, there is little risk in taking some of it and putting it in a separate account so can’t be depleted by the threatening spouse. This can get complicated and, as always, we suggest speaking with competent legal counsel as to the best course.
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