Q: If a divorce decree says property will be left to someone can a will be made after and the property left to someone else
Will the divorce decree outweigh the will since it was agreed to before and a judge signed off on it? A house is supposed to be left to the children. Can a will be made and the house left to someone else even though the divorce decree specifically says it will go to the children? A threat has been made that the house will not be left to the children if certain things are not done and I thought once the divorce was final the contents would outweigh any other thing like a will.
A:
A judge's authority in equitable distribution in Virginia is strictly statutory and must be based on the provisions of Virginia Code Section 20-107.3. The judge has no authority to order property to be conveyed to someone other than a spouse.
Any provision beyond the authority of 20-107.3 must be based on a valid agreement between the spouses, a separation agreement that was incorporated into the final decree. Parties should honor and abide by their valid written agreements or contracts, unless and until fully performed, terminated, set aside, or voided. A material breach of a contract gives the other party the right to sue for damages or enforcement, or, in the case of an agreement made part of a court order, a contempt proceeding against the breaching party with liability for attorney's fees and costs. If the agreement provides that the contract is binding on the heirs or assigns of the party, then the contract may be enforced after the death of the spouse or ex-spouse.
Anyone with questions about the enforceability of a separation agreement should consult with an experienced Virginia divorce lawyer.
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.
