5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... Read more »
I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.
answered on May 23, 2023
A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... Read more »
answered on May 10, 2023
Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... Read more »
answered on Apr 29, 2023
One of the challenges with trusts is funding. Title to property must be transferred to the trust by conveyance to the trustee of the trust in order for it to be part of the trust corpus, or body of property in trust.
Title to motor vehicles in Virginia is evidenced by a DMV Certificate of... Read more »
currently the main provider for kids in the home. Wife lives in basement currently separated. She is asking for me to pay her out of network therapy bills. What am I financially responsible for specifically for my wife during this separation period.
answered on Apr 28, 2023
Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.
While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v.... Read more »
answered on Apr 20, 2023
A Virginia judge shall deny spousal support to a spouse guilty of the fault ground of adultery, sodomy or buggery committed outside the marriage unless such denial would be a manifest injustice, after balancing the respective degrees of fault of the parties and the relative economic circumstances.... Read more »
the child had no desire to be part of fathers life and he has been married for 13 years to his present wife & she has helped in the marriage
finances. The father has passed & his wife is his beneficiary.
answered on Apr 16, 2023
Co-sanguinity and marriage determine legal rights in an intestate decedent's estate. It is not necessary for a blood relative or cohabitating spouse to have had a close relationship with the decedent, except that a spouse who deserted or abandoned the decedent during his or her life loses... Read more »
I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... Read more »
answered on Apr 12, 2023
You should consult with an immigration attorney about this issue. A family or employment-based change of status petition includes a USCIS form I-864 Affidavit of Support from a sponsor or petitioner. The purpose of the form is to ensure the immigrant has adequate means of financial support and... Read more »
Wording from divorce agreement: "...waive any right to equitable distribution under Section 20-107.3 of the Code of Virginia to the retirement or pension accounts, life insurance..." ALSO, I know what equitable distribution refers to, just not exactly what this phrase refers to in... Read more »
answered on Apr 1, 2023
In resolving the incidents of marriage upon separation and/or divorce, the spouses have four choices:
1. Do nothing and allow the issues to remain unresolved;
2. Address each item of property as an individual item as necessary, typically according to actual title;
3.... Read more »
I have been paying spousal support since 2017, via court order, and do not think that it should continue indefinitely. Was fully divorced in 2019 and the order became part of the PSA. My ex has the ability to work (she held 10 jobs during the marriage) but refuses to or simply does not attempt to... Read more »
answered on Mar 31, 2023
There are two bases for spousal support: 1. an award by the court; or 2. a stipulation by the parties. An award by the court may be modified upon a material change in circumstances not anticipated by the parties, or the nonoccurrence of a change anticipated by the parties at the time of the award.... Read more »
In the refi, but the county recorder still,shows the modification
answered on Mar 26, 2023
The land records in Virginia, recorded in the Circuit Court for the county or city where the property is located, show an entire history of the transactions concerning the property. Past transactions are not removed, or replaced, by the most recent transactions.
A refinance loan would be... Read more »
The seller did not disclose the restrictions on the property prior to the title search being completed. The deed restrictions were filed in 2019 and will last 40 years minimum with options to renew. The deed restrictions require any modifications to the property and land to be approved, by a... Read more »
answered on Mar 25, 2023
A seller's and purchaser's contractual rights under a written sales agreement depend on the provisions contained in the writing. There are causes of action outside the contract, that led to the formation of the agreement, including fraud and duress. A contract may be voided as... Read more »
62-year-old spouse has been a stay-at-home parent the entire time.
answered on Mar 9, 2023
There is currently no formula for permanent spousal support, the type awarded upon decreeing a divorce, in Virginia. An award of permanent spousal support, which may be for a fixed term, in a lump sum, or indefinitely until either party dies, or until the payee spouse remarries or cohabits in a... Read more »
because of the verbal abuse I receive. I have endured verbal abuse over 8 years. I am basically afraid to talk to him because of his anger issues. (This is the reason for my request for him to leave.) I have tried on numerous occasions to talk about the details of separating assets but it starts... Read more »
answered on Mar 7, 2023
It is not clear from your answer if you have a recognized legal civil relationship or not. If so, you may have the option of divorce with equitable distribution of property.
If any person sharing a household with another is suffering from family abuse, a defined term in Virginia, he or she... Read more »
Paternity has not yet been established but if he is found to be the father, he has also filed for custody and visitation. He has stated that he would like to do mediation. I would like to do mediation but outside of court with the other parent and a lawyer. Would a GAL be appointed in this... Read more »
answered on Mar 5, 2023
In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... Read more »
There is no legal agreement in-place. I need to move on and found a house to buy. This would force our current house to go to market and force both of us to find alternate living. She is currently just staying because she is comfortable with me being out of site. Is it a bad legal move to move on... Read more »
answered on Mar 2, 2023
In the absence of legal justification, any spouse who leaves the marital residence with the intention to separate permanently risks having the other spouse claim the fault ground of desertion and abandonment in a divorce case. Most divorce lawyers will advise a client not to leave the marital... Read more »
Auto has a few thousand dollars in equity which I think is exempt. I recall there being an issue with both types of loans with the same lender. If so, is it a state law specific to Virginia?
answered on Feb 15, 2023
It depends on the type of lender. Credit unions have greater rights than banks. Most credit unions have a cross-collateralization clause in their loan agreements. That makes any debt owed the credit union secured by collateral given on any other debt, so the credit union may not release the... Read more »
answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... Read more »
answered on Feb 6, 2023
Depending on the circumstances, a divorce is typically filed in either the state where the defendant resides, or the state where the plaintiff (filer) resides. The place of marriage is irrelevant.
Due process requires notice and an opportunity to be heard. Further, if property rights,... Read more »
My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?
Can a show cause be enforced against me since there is no concrete schedule in place?
answered on Feb 6, 2023
That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »
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