Asked in Criminal Law and Divorce for Virginia

Q: Can I make my wife pay half of the mortgage by law?

So my wife and I have decided to get a divorce after just 2 and a half years of marriage. We have been separated for about 6 months, and living in two separate places. We have to young daughters (under 3) and without going to court have agreed to 50/50. I get them 3 days one week, 4 days the next. So my question is as follows. My wife has recently started saying that I will half to buy her half of all personal belongings that we acquired during our marriage. Some of those belongings I bought out of my own checks when my wife wasn't even working. So in response I would like to know if it is within legality to ask her to pay half of the mortgage for the home we purchased together during our marriage, which her name is on, as well as mine. Thanks for any information!

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1 Lawyer Answer
Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: This question should be asked in the family law section, not criminal law.

Also, you should consult an attorney to get answers regarding the specific facts and circumstances of your particular case.

As a general rule, marital property in Virginia is subject to equitable distribution in the even of a divorce.

In trying to negogiate a settlement of how to divide the property, there is nothing that would prevent you from reaching some agreement on how to handle the mortgage on the home. However, your situation sounds too complex to offer a simple answer on this forum. You really should Consult an experienced divorce attorney to get a more detailed answer about your situation.

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