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Hofheimer/Ferrebee P.C. - (757) 425-5200

Hofheimer/Ferrebee P.C.

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OFFICE LOCATIONS

  • Virginia Beach
  • 1060 Laskin Road Suite 12B
    Virginia Beach, VA 23451
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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  • Newport News
  • 11815 Fountain Way
    Newport News, VA 23606
  • Phone: 757-425-5200
  • Fax: 757-425-6100
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  • Chesapeake
  • 638 Independence Parkway, Suite 240
    Chesapeake, VA 23320
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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Keeping Your Home In a Virginia Divorce (Part A)

Charles Hofheimer, Attorney
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A tough, no nonsense divorce and custody lawyer for women only who reside in Virginia Beach and Newport News.
Divorce is one of the most stressful and complicated experiences a person can go through. The couple faces the loss of their marriage, difficult decisions regarding child custody, and the often-heartbreaking process of dividing the marital assets.

The couple's home is usually the most valuable asset they share, and often the most contested item in a divorce
. The loss and upheaval of having to sell or otherwise vacate the family home is a trial for both partners involved in a divorce, but it tends to hit women harder.

Virginia divorce law has a lot to say about property distribution following a divorce. There is no guarantee that either partner will end up with a specific item in the divorce, but there are laws in place to ensure that property is divided and distributed as fairly as possible.

Women facing divorce may feel overwhelmed by the prospect of fighting to keep their home in a divorce and by the possibility of having to leave their home should the decision not go their way.

It's not impossible to keep your home in a divorce. You can benefit from the services of an experienced Virginia divorce lawyer who will evaluate your case and advise you about your legal options in regards to property distribution. While each case is unique, there are some basic things to keep in mind if you want to try to keep your home in a divorce.

If you get legal and/or physical custody of the children, your chances of keeping your home may increase, but that's not all there is to the equation.

Marital Assets, Separate Property and Property Distribution

If you and/or your spouse purchased the family home after you were married, it's considered a marital asset and is divided between you in the divorce
.

If the property was purchased before the marriage, it is considered separate property and isn't usually subject to being divided in the divorce.

However, there may be cases in which the home can be divided even though it was purchased by one spouse prior to the marriage. If the other spouse contributed to the mortgage, taxes, and upkeep of the home, that spouse may have some rights to the home.

When trying to determine what constitutes marital and separate property in your Virginia divorce, it would be in your best interest to consult with an experienced divorce attorney who understands women's issues in Virginia. It is important that the Virginia divorce lawyer you choose has handled cases similar to yours and that they understand property distribution.

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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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