Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas H. Roberts
1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
View More

1 Answer | Asked in Divorce for Virginia on
Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 8, 2022

Nobody will give you a "guarantee" on any response.

By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal...
View More

1 Answer | Asked in Divorce for Virginia on
Q: Owned a house before marriage, refinanced while married together (wife and I). Does it count as asset during divorce?

Bought the house full cash 2014. Got married 2018, refinanced in 2020 using the same house and did it together. Does it count as an asset to split during divorce? thanks

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 8, 2022

Possibly. The Virginia State Bar provides to the public the following information:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital...
View More

1 Answer | Asked in Employment Law for Virginia on
Q: Are employers able to suspend employees who curse on there day off while in work place

We have an employee who came into shop on their day off and got told his rent went up so said a few curse words and district manager heard them and suspended the employee for 3 days without pay. Just wondering if employer is able to suspend an employee on their day off for cursing

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

If this is a private (not government) employer, without a written contract covering this matter, they can do anything that does not violate the public policy of Virginia as articulated in the laws or constitution of Virginia. YES

The response above is a general statement of law and is NOT...
View More

1 Answer | Asked in Employment Law for Virginia on
Q: Is notice or explanation required for an employer to withhold money from your paycheck?
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Here's the law in VA:

C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. On each regular pay date, each employer, other...
View More

1 Answer | Asked in Tax Law for Virginia on
Q: I have the county tax collector telling me that I have to pay the unpaid taxes for the company that I used to manage?

I was the manager for a year, but that shouldn’t make me responsible for their taxes. Is this legal?

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

It depends on your level of responsibility for the failure to pay the money and the type of tax. For instance, if your company collected a county tax from others and then used those collected taxes for something else, you in a deep mess. I refer these cases to Guy C Crowgey, Esq. in Richmond,... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested for larceny charges dropped do I get what police took back in west Virginia

It was dropped next day

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
View More

1 Answer | Asked in Contracts for Virginia on
Q: Can I fight a judgement from 2015 I knew nothing about? I was never served!

I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: If the police tryna make me testify for a jury trial In I don’t want to what can I do

I dont wanna be label a snitch I don’t wanna go to court

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.

2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information...
View More

1 Answer | Asked in Civil Rights for Virginia on
Q: Is every attorney very rude and disrespectful? If so, why. If not, why so?

Why do people in this profession think they can treat a client any way they wish?

They can't act all high and mighty cause even attorneys have made accidents too.

Nobody's perfect. Why are attorneys unprofessional?

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

You may be confusing a straight, direct or blunt answer with rudeness. You state "a client" - if you are actually a client of the attorney, and the working relationship has deteriorated, you may wish to find another attorney. If the problem continues, you may find your answer in the mirror.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can a Mexican hire a USA lawyer to file a civil judgment against a United States citizen in the usa
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.

The response above is a general statement of law and is NOT intended to be legal advice to you nor...
View More

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

-

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

The analysis may need to begin with the question - did you obtain a Title VII religious exemption from an employer's vaccination mandate? If so, the next question would be whether singling you out for testing may be a form of harassment or retaliation and not the required accommodation under... View More

View More Answers

2 Answers | Asked in Divorce for Virginia on
Q: My home is owned by me and my parents. My wife left me and resides out of state. Is she entitled to part of my home?
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 8, 2022

Possibly. You should seek legal counsel.

Here's a nice overview from the Virginia State Bar providing an overview:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date...
View More

View More Answers

2 Answers | Asked in Criminal Law for Virginia on
Q: Will I be summoned as a witness?

I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Paula Hough's answer is spot on. Since the incident took place in front of your managers, the Commonwealth Attorney and the police may feel they don't need you as a witness and you may not hear from them. However, you might want to read the following regarding your rights as a victim... View More

View More Answers

1 Answer | Asked in Family Law for Virginia on
Q: I would like to add my child’s father to birth certificate. At the time I was legally separated from my husband. Then

I got back with husband. After doing legal paternity test it is not my husbands. I would like the baby to have his fathers last name. We have a legal paternity test. How can I add the name ? I want my sons father to have rights.

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

You may want to look at https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-217/

No attorney-client is created by this response. This is not intended as legal advice but is general legal information. You should engage an attorney if you wish to obtain legal advice for your...
View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Legally, can a HOA have DRC guidelines prohibiting homeowners from taking down trees they believe diseased and a threat?

In our case, we felt certain trees were diseased and a threat to our home and took them down. Although the DRC rule does state that diseased and dead trees can be cut down without prior approval, they fined us anyway because they said the trees were alive (the DRC had no published definition of... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

You may want to look at the Virginia Code - including https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1819/ which governs the administration of home owner's associations. But be careful, the fine is much less than litigation costs where the looser pay not only their own... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I just realized that I put the wrong year on a signed lease. Is the lease voided. What are the terms for the lease?

Tenants signed the lease and have been living in the rental for 3 months. What's my recourse?

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

Not really a big deal --- where it is clear that both parties meant and understood the correct year, the court will enforce the lease with the corrected year --- The correction of a scrivener's error is a court-sanctioned action reforming a contract or other document. We note, however, that a... View More

2 Answers | Asked in Civil Litigation for Virginia on
Q: I recently applied for a name change and was denied due to the fact that my birth certificate only identifies my mother.

In the section for father, my birth certificate merely states “deceased”. I do not have any other knowledge of his identity. Is there any other route or action I can take?

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

Petitions for name changes are governed by Va. Code 8.01-271. Your dilemma seems to be related to the seemly poorly written statute paragraph B --- "B. Every application shall be under oath and shall include the place of residence of the applicant, the names of both parents, including the... View More

View More Answers

2 Answers | Asked in Civil Litigation for Virginia on
Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?

Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

If the Will is valid, then the provision of the will should control. If the Commission of Accounts does not assist you, then one or more of the adult children can file suit as a beneficiary seeking an (1) accounting; (2) an action for breach of fiduciary duties against the executor; and (3) ask... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.