Questions Answered by Thomas H. Roberts Esq
Q: My husband abandoned me won't tell me where he is and I only have his email address. How can I get support money?
He left me needing surgery, I can't work, he keeps saying he has no job and caused me to be evicted in July. He won't give me a mailing address where he is, he has mine.
You should contact an attorney, and file a petition for support. Attorneys should be able to locate your husband to get him before the court.
Q: If my tenant breaks lease, can I keep the security deposit?
You should consult an attorney. The contract and/or the Virginia Landlord Tennant Act should be referenced. https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/. You should consider § 55-248.15:1. Security deposits if the act applies.
Q: Is our notarized marital agreement still valid even if my husband crossed out his signature after completing it?
Hello. I would like to ask a question regarding marital agreement. Me and my soon-to-be ex-husband had signed on a marital agreement that I created this summer. We both notarized our signatures. He was going to file the agreement to the court with the divorce paper. However he crossed out his... Read more »
If he signed before a notary but never delivered the proposed agreement to you then the acceptance of the offer may not be complete. Not "signed, sealed and delivered.". Otherwise, if there was a meeting of the minds supported by consideration then you probably have an enforceable agreement as... Read more »
Q: I was in a car accident and don't have insurance - but it wasn't my fault. Will I still get money to help pay my bills?
It is best that you contact an attorney. There may be a number of insurance policies that provide benefits. You may be covered by a policy of another in your household. Additionally, if the other driver was at fault, and you were not contributorily negligent then the other driver may be liable... Read more »
Q: If an engagement is broken due to the man's actions, does the woman keep the engagement ring?
The man would make himself not available due to drugs. He would go days without contact and the female was paying for cellular service for both parties. This was to be divided not her paying all of it.
Probably yes. The issue is controlled by the law of contract. Based upon your contention, the man breached the agreement based upon his actions choosing drugs over you.
In Virginia, in order to maintain an action of detinue, a plaintiff must prove: (1) a right of property in the property... Read more »
Q: My sister-in-law died August 30, 2015. She had no will and lived with my wife and me for the past 9 years.
She didn't own any property, no jewelry, no car. All she had was a bank savings account with about 9k and a retirement account we found going through her stuff from a job she had years ago worth around 19k. We just wanted to close the bank account to pay for her funeral expenses and whatever was... Read more »
There are two groups of people that have an interest in the estate. Her creditors and her heirs. The law explains how such an estate may be handled.
Small estates (less than $50,000) may be handled in accordance with Va. Code §64.2-600 & 601... Read more »
Q: My question is about real estate investing in Virginia. Specifically loaning money for the purpose of flipping houses.
If interest payments and repayments of loans, as stated on promissory note and deed of trust, are to be made jointly, for example all payments are to be made to Mr and Mrs at their home address, can the payments for interest and repayments of loans, legally be made to one of the parties ( excluding... Read more »
1st - you should make the check payable to both. Assuming you failed to do so, what is the consequence? You would have to contend that making the check payable to only one was still compliant because the one was acting as an agent for the other as well. 2nd - hand delivery instead of mailing is... Read more »
Q: Trying to sell my father's home, his will now probated left home to 9 children. One died within 60 days of my father.
Title company is telling us we can't proceed with sale until brothers estate is probated in Florida. Brother was a Nevada resident, never lived in Florida. Is this true? Brothers share, one ninth would go to his estate, his heirs.
Not necessarily. The house belongs to 9 children. One of those children died (you don't say whether before or after your father's death). If the son died before your father, assuming that your father's will provided that any share to a predeceased child goes to his children ("per stirpes") then... Read more »
Q: I own my house. I married last year and did not put my husband's name on the deed. I now want to get some equity out.
My husband is willing to be on the loan. Can he be a co-borrower with me?
Yes. But if I am correct, there is more to your question. In the event that your current marriage ends by divorce how will the house be treated? The equity in your house at the time of your marriage will be considered your sole and separate property. Taking that equity out and using it will of... Read more »
Q: I was transported to a hospital by ambulance in 2008 i received a bill last month. I wanted to find out the virginia
I wanted to find out what the virginia statue of limitation is for medical debit collection
3 years for an oral contract and 5 years for a written contract. Exception: The English maxim, nullum tempus occurr it regi, has been adopted in Virginia in relation to the commonwealth, on which principle it has been held, that the acts of limitation do not extend to the commonwealth in civil... Read more »
Q: How I amend my separation agreement? Can I file in a different Virginia county? Must I have a lawyer?
I finalized divorce in 2013 in Bath County VA. My circumstances have changed and I must amend this agreement. Doubtful my ex wife will go along willingly. I live in Bedford, VA now. Where would I file? Can I file by myself?
A: Bath County, and Yes. Explanation: First - issues related to child support remain subject to the jurisdiction of the court irrespective of any agreement between the parties. To obtain a change in such a order, you must show a "material change of circumstances." And the court will only modify... Read more »
Q: Can a property listing be taken off the market, then put back on a few days later?
I am caught between two agents who want to list my property for sale. One claims she routinely removes a listing from the market to save Days on Market (say, during snowy weather), or takes it off after a month or two on the market then relists it to show it as "newly listed." The other agent says... Read more »
You are most likely referring to the Multiple Listing Service ("MLS"), which is a private organization with its own set of rules. For example the Central Virginia Regional Multiple Listing Service states that such conduct is prohibited. Section 5.26 Manipulation of Days on Market... Read more »
Q: Does the court pay tthe plantiff after suing and winning their case. How does the defendant pay.
Unless the opposing party posted a bond, winning a case in court gives a party only a piece of paper called a judgment. That piece of paper may not be worth anything - it only give the winning party the right to collect on the judgment. The judgment should be recorded in the clerk's office of any... Read more »
Q: Is the absence of sex grounds for divorce?
There is no sexual intercourse between me and my wife for many years, as my wife refuses to have sex. We live in the same house in separate bedrooms. Can I apply for divorce based on deferred sex from wife?
Mere coolness at times and periodical refusal of sexual intercourse alone, with the marital relationship otherwise unimpaired, does not constitute desertion. Ringgold v. Ringgold, 128 Va. 485, 104 S.E. 836, 12 A.L.R. 1383; Wills v. Wills, 74 W.Va. 709, 82 S.E. 1092, L.R.A. 1915B, 770; McKinney v.... Read more »
Q: boyfriend and I stay together for 2 years we have a baby together and I want to break up whats the law?i live in VA
I want to know if I can get half of what ever he has plus how much my child support would be if we separate after 2 years and we have a 4months old baby, I never work with the baby I'm not planing to do it either
The parties are free to separate---there is no marital property to divide, there is no spousal support. If the parents do not agree on physical custody of the infant, a court will make that determination upon a petition. There is no guarantee that the mother will be awarded physical custody of... Read more »
Q: Can i sue for mental and financial distress caused during my pregnancy?
If the pregnancy were the result of a traditional battery, yes you can sue the tort feasor. For pregnancy resulting from consensual relations, you will have assumed the risk and your suit against the inseminator will fail. If your complaint is against God, the courts simply don't have in... Read more »
Q: i injured my back and shoulder after only 4 months i was awarded a life time medical is that normal that fast
Nothing abnormal. If a person suffers a sudden mechanical or structural change in their body by accident arising out of employment then they are entitled to benefits under the Workers' Compensation Act.
The injured worker must file a claim with the Virginia Workers’ Compensation... Read more »
Q: What is a cross-error?
When a matter is appealed the other side may also assert that the trial or lower court made errors - these are called cross-errors.
Rule 5:18 of the Rules of the Supreme Court describe the assignment of cross-errors as follows:
(c) Assignments of cross-error. The brief in opposition... Read more »
Q: If our family wants to file a wrongful death suit, how much time does it have to do it?
In Virginia, when a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).
Wrongful death actions... Read more »
Q: What is the amount of time till you can file wrongful death in virginia?
I'm under age my mother passed in a wreck with a drunk driver. I'm not sure if my family filed or not.
When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).
Disclaimer: This information contained... Read more »
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