Arlington, VA asked in Divorce for Virginia

Q: Husband is physically and mentally able to work but hasn't for 13+ years. Is he entitled to 1/2 the house & Condo in VA?

My husband and I have been married for 20+ years. We have two children in college and I have covered all household / educational / vacation, etc. expenses for 13+ years. We own a house and a condo. His brother lives in our condo, but I would like to propose that my husband gets our 1 bedroom condo and I get the house. Both properties are paid off and we have no credit debt. Is he entitled to 1/2 of the property value? I will have to refinance / carry a mortgage and I was hoping to retire within 7 years. We purchased the house in 1996, and the condo in 1998, he stopped working in 2006, so he contributed to the mortgage, taxes, insurance, etc. for roughly 10 years.

Related Topics:
1 Lawyer Answer
Thomas Woodward Ashton
Thomas Woodward Ashton
  • Roanoke, VA
  • Licensed in Virginia

A: It’s not as simple as that. Virginia is an equitable distribution state, which does not mean “equal” distribution necessarily. The courts look at a series of factors (really just predetermined categories of evidence) in order to determine what division of assets and debts would be “equitable” or fair. The factors span a lot of different things, but they are primarily concerned with who did what (both positive and negative) during the marriage, and secondarily concerned with what will happen to the parties following the divorce. An experienced attorney can give you a better answer as to what the court might do in your particular case.

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.