Mechanicsville, VA asked in Divorce for Virginia

Q: My name is not on our home loans and auto loans because of my credit. He said I'm entitled to nothing if we divorce.

We have been married 19 years. He makes good money and I only work part time. I now have to get his permission to drive one of the vehicles to work. Im at a disadvantage. I dont make enough momey to buy a car or rent a home. I feel trapped and hurt. What can I do?

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2 Lawyer Answers
Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
Answered
  • Newport News, VA
  • Licensed in Virginia

A: In short, it doesn’t matter whose name’s on what. With your length of marriage, it’s all likely marital, which means you own fully half the value of the estate. I believe his assertions are probably misinformed or just incorrect. You probably have nothing about which to be concerned.

Michael Christopher Miller agrees with this answer

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: First, stop taking legal advice from your husband.

Second, marital property is all property acquired during the marriage. Marital property is subject to equitable distribution during a divorce.

Title dictates to whom the judge must award the property. Property titled in one person's name must be awarded to the titled person. Jointly titled property can be award to either person or sold to a third party.

For example, if a car is marital property titled in your husband's name, the judge would have to award him the car but would award you a portion of the marital equity in the car. He gets the car. You get cash.

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