Sneads Ferry, NC asked in Divorce for Virginia

Q: can husband give money to girlfriend to buy house / not legal separated or divorced?

husband and I married 25 years..separated 18 months with no legal separation or divorce documents in place. He has given his mistress/girlfriend money to buy the home they are now living in, in NC. I live in VA in the home he bought when we were still living together as husband and wife..13 years ago. Hes allowing my home to go into foreclosure moving next week.

can he legally enter into a financial agreement and use money out of his 401k/military savings plans to help finance his and his mistress new home?

Thank you

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1 Lawyer Answer
Wayne E. Holcomb
Wayne E. Holcomb
  • Newport News, VA
  • Licensed in Virginia

A: Well, he can I suppose, but he's using marital money to do it, and he'll have to account for your portion of that money at some point in your divorce. In theory, I suppose you are now part owner of this new house. The loss of the marital home you live in is also a problem; the court would likely call that "waste" and also make your husband make an accounting of that intentional loss of value to your estate. There's too much information you need to know in this limited forum. You absolutely must hire Counsel soonest to help stop the waste and get a handle on the estate, with a Court's help likely, before it's all gone. Our best to you.

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