Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. Occupying The Marital Home
Regardless of who paid the mortgage during the marriage, you and your husband both have the right to live in the home until a decision is made regarding who will get possession of it.
A home that was purchased during your marriage is a marital asset, so your husband cannot simply evict you from the home and vice versa.
Don't leave the family home unless you have to. "Have to" generally means you've been ordered to do so by a Virginia court.
If you feel that you're in danger of violence from your husband, it's possible to get temporary possession of the home through a removal order. This will force your husband to leave the home until the Virginia court decides what will be done with the home. Your Virginia divorce lawyer should be kept abreast of such circumstances so that they can ensure you take the proper steps to protect yourself and your rights to marital assets.
Practical Considerations in the Course of Distribution of Property
While you may be happy to get the home, if you end up with it, there's a lot to think about. You should consider whether you could handle the responsibilities involved in owning and maintaining a home. The mortgage is the primary concern; you need be able to pay it and all other bills related to the upkeep of the home.
You may be receiving spousal support (alimony) from your husband after your Virginia divorce, which might help you with the upkeep of the home, but you need to do some calculations to determine whether your income will be enough.
You should be prepared to prove in court why you should get the home. The best reason is your ability to care for the home and pay the mortgage and/or taxes. There are other factors that could weigh in your favor.
If you can prove that leaving the home would be a true hardship for you and/or your children, for example in situations where you run a business from your home, you may have a better chance of getting the house.
Virginia Separation Agreements
Separation agreements set out the decisions made about the division of marital assets as well as other conditions of the divorce. You and your soon-to-be-ex can come to decisions about all these things on your own, or you can choose divorce mediation. It's important to be aware and informed about Virginia divorce law and all aspects of Virginia separation agreements. A Virginia divorce lawyer is your best ally when it comes to these serious decisions.
There are very specific rules governing divorce in Virginia. At Hofheimer/Ferrebee we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.
To order your free book-www.freedivorcebook.com
information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com
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