Virginia Questions & Answers

Q: My partner and I rent a house. 6 months ago let a friend move in. She doesnt pay bills at all.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Answered on Jan 23, 2018

Not sure what is the issue that you have based on your inquiry.
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Q: Want to sell house but mentally ill wife wont sign POA.She's been living with sister 7 mnths, uncertain of her return

1 Answer | Asked in Family Law for Virginia on
Answered on Jan 23, 2018

A power of attorney allows a principal to designate specified powers or authority to an agent. However, the principal must be legally competent when creating the power of attorney. If your wife is sufficiently mentally ill that she is no longer competent, then she cannot create a power of attorney.

If she is mentally competent, she can refuse to execute a power of attorney, i.e., you cannot compel her to execute a power of attorney.

You can file for divorce, and have the...
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Q: My almost 7 year old son has never met his bio father. How can my husband(his stepfather) adopt him?

1 Answer | Asked in Family Law for Virginia on
Answered on Jan 23, 2018

Step-parent adoption. Va. Code § 63.2-1241.
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Q: How to get out of a lease early?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 23, 2018

The rights of a tenant to exercise an early termination of the lease is contained in the lease. You should carefully review your lease's provisions. Other than the tenant's rights in the lease, an agreement in writing with the landlord is always a possibility. Since you seem to not be agreeable with what the landlord offered for an early termination of the lease, you may want to make your own offer and see what is the landlord's response. Whichever path your follow, make sure it is in...
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Q: Can't find my fathers original will (have copy). Must be named administrator instead of executor. What's the differnece?

2 Answers | Asked in Probate for Virginia on
Answered on Jan 23, 2018

As administrators several things are different. 1) you will have to post a bond with the court which isn't cheap. 2) you will not have the ability to sell the real estate until probate is completely closed out barring a request of permission with the court. However, there may be a way around that and I would recommend speaking with an attorney.
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Q: Military member stationed in Virginia, looking to buy a home. Will I have to pay state income tax if a resident of NY?

1 Answer | Asked in Military Law and Tax Law for Virginia on
Answered on Jan 23, 2018

50 U.S. Code § 4001 - Residence for tax purposes

(a) Residence or domicile

(1) In general

A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.
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Q: ex wife show caused me. Her and her attorney were no show. judge dismissed the case. can she come after me again?

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Jan 23, 2018

Depends whether the judge dismissed the case with prejudice, or without prejudice. If without prejudice, they can refile, and start over.
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Q: DUI 4th offense in 10 years Caroline County, VA

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Jan 23, 2018

Most likely the case would be continued to give the Commonwealth an opportunity to get the officer to court.
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Q: I have been ordered to pay child support even though I never signed a birth certificate nor have I ever took a DNA test

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 23, 2018

If you are under a court order to pay support then you have to pay. If you dispute being the father, you can request the court order a paternity test.
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Q: My Wife and I have tourist visa, we want to change our visa to student visa. What should we do?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jan 22, 2018

It is certainly possible for you to change your status to students.

Schools must keep in close contact with the immigration office. It is recommended that you file your applications more than 45 days before your current status expires. Your new status cannot be granted more than 30 days prior to the beginning of your program.
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Q: Would a judge take into account a parent's physical ability to care for a child when granting overnight visitation

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jan 22, 2018

Yes. When deciding custody and visitation, the court considers and applies the best interests of the child factors. Factor 2 is a parent's physical and mental condition.

Va. Code § 20-124.3. Best interests of the child; visitation.

In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:

1. The age and physical and mental...
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Q: I want to have my mobile home voluntarily repossessed. How long do I have to vacate home? Without fees later on?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Jan 22, 2018

It may be better to negotiate a Deed in Lieu of Foreclosure. It makes it easier for the lender, and you can therefore request that the lender not ding your wife’s or your credit. Otherwise, even if you believe your wife is nowhere on the note, you may need to file protests with credit agencies and/or a lawsuit against the creditor. It is probably a one-hour task for an experienced lawyer if you provide all of the documents and both sides are cooperative. That way, you control the timing and...
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Q: Does Virginia require landlords who rent out a single family, stand alone home, to provide functional smoke alarms?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 22, 2018

§ 55-248.13 is entitled "Landlord to maintain fit premises." It addresses carbon dioxide alarms in subparagraph (A)(8) but no smoke alarms.

§ 55-248.16 is entitled "Tenant to maintain dwelling unit." Subparagraph (A) reads: A. In addition to the provisions of the rental agreement, the tenant shall:

and in Subparagraph (8) and (9), it reads:

the tenant shall:........8. Not remove or tamper with a properly functioning smoke detector installed by the landlord, including...
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Q: I’m pressing DV charges & 2 year PO on my daughter father. What happens if he doesn’t show?

1 Answer | Asked in Criminal Law and Family Law for Virginia on
Answered on Jan 22, 2018

An arrest warrant will likely be issued.
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Q: In Virginia, is there a law requiring notarization or other authentication of a Deed of Trust prepared in another state?

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Answered on Jan 21, 2018

You need to challenge the Deed of Trust in Circuit Court and make the lender a party.
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Q: If the judge grants a split between parents for tax return with 2 kids. What Can be done if a parent files for both.

2 Answers | Asked in Family Law, Child Custody and Child Support for Virginia on
Answered on Jan 21, 2018

Unless it is in a court order, it is hard to enforce such provisions. If the judge forgot to put it in a court order, this can typically be corrected with the proper motion. To file such motion, hire a lawyer.
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Q: should I sign over all rights and interest in my home to my wife during separation?

1 Answer | Asked in Divorce for Virginia on
Answered on Jan 21, 2018

Usually the attorney answer is NO to any type of waiver outside of legal counsel of course! Child support and utility bills are typically "apples and oranges" in this discussion, although the spirit of such an agreement can probably be creatively accomplished. Your question is complex and multi-faceted. There are too many variables to get good advice on this site to be candid. You must contact a local family attorney and lay out the details. My initial advice is do not sign anything without...
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Q: Why is my boyfriend being charged with assault on me when I️ never to police that I️ wanted to press charges?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Jan 21, 2018

Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you don't want to proceed with the charge of domestic assault. Also, on the day of trial, tell the prosecutor the same thing.
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Q: Heir property that was given by non-family member that did not own rights to the land how can you have them removed

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Virginia on
Answered on Jan 21, 2018

I’ve handled a bunch of three, and they are fun cases, but that’s from the lawyers’ perspective. First, there is no such thing as “heir property.” The term is a byproduct of the Jim Criw South and a pun on the word “air” indicating that title is “in the air. Correcting it is a skill-intensive mess quieting title lost in generations of relying upon operation of law. The correct petition is either a Complaint to Quiet Title or a Declaratory Judgment, and the legal work usually...
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Q: Can the dominant tenement give access to an appurtenant easement to anyone they want? For example: Owner (servient) has

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Jan 20, 2018

It depends. What does the easement say? Is it general access for all purposes, or is it limited to the specified purposes? If the recorded document is ambiguous, what does the parole evidence suggest?

Best bet is to have a decent real estate lawyer review it.
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