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Divorce in VA

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What is the name of your state (only U.S. law)? VA
My husband and I were married 8/06 and are now in the process of separating. There was no infidelity, or abuse in the marriage.
I've read up on marital property and am slightly confused. I sold my house approximately 6 months after we were married. We recently refinanced his home for 80% of the value, and although I am not on the loan, I am now on the title. Is this now considered marital property? There was about 30k pay to us on this loan. 10k will be going into the home and a contract has already been signed for the work.
I do not want the home, as I will be moving to a different state and am willing to do whatever it takes to get my name off the title. I have put approximately 58k from the sale of my home and another 4k from a retirement account after taxes in addition to working a little over half the period we have been married. (he encouraged me to quit my job).
I am planning on leaving the home and the majority of the furnishings behind when I move.
Basically, I am trying to make sure I am fair to him, as well as myself. We have also purchased a new vehicle, which is entirely paid off.
There are 2 campers which I am also leaving with him.
How do I know what the right amount is to ask for?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? VA
My husband and I were married 8/06 and are now in the process of separating. There was no infidelity, or abuse in the marriage.
I've read up on marital property and am slightly confused. I sold my house approximately 6 months after we were married. We recently refinanced his home for 80% of the value, and although I am not on the loan, I am now on the title. Is this now considered marital property? There was about 30k pay to us on this loan. 10k will be going into the home and a contract has already been signed for the work.
I do not want the home, as I will be moving to a different state and am willing to do whatever it takes to get my name off the title. I have put approximately 58k from the sale of my home and another 4k from a retirement account after taxes in addition to working a little over half the period we have been married. (he encouraged me to quit my job).
I am planning on leaving the home and the majority of the furnishings behind when I move.
Basically, I am trying to make sure I am fair to him, as well as myself. We have also purchased a new vehicle, which is entirely paid off.
There are 2 campers which I am also leaving with him.
How do I know what the right amount is to ask for?
You are not clear about where the money is from the sale of your home? That would be separate property as long as you kept it in an account in just your own name.

If you didn't work during the marraige then your 401k money would have been from prior to the marriage and that would be your separate property as well. If you put that money into the marital home the it becomes more complicated.

Please explain things more clearly.
 
I'm sorry. The 58K went toward an addition and other repairs on the marital home. It was not put into a separate account.
I worked until about 1 year ago. So, about 1 1/2 years into the marriage.
 

LdiJ

Senior Member
I'm sorry. The 58K went toward an addition and other repairs on the marital home. It was not put into a separate account.
I worked until about 1 year ago. So, about 1 1/2 years into the marriage.
Ok, then you have serious issues. You NEED an attorney to try and get your 58k back out of the home. At a minimum, you need your full 50% of the equity in the home, and if your husband cannot afford to refinance to buy you out, then the home needs to be sold. You also need your full share of the equity in the car and any other marital asset.
 

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