Question

[Arthur]

What is the name of your state?What is the name of your state? VIRGINIA
My wife and I have been separated for almost three years, with my paying support monthly of $1800, plus all medical, car taxes, mortgages (she is living in a separate residence which I pay for), personal property taxes, car loans for both herself and myself, etc...this was after advisement upon initial separation from a lawyer at which time I was told to attempt to work out a reasonable property settlement agreement with my wife if possible.....She is currently living in our Indiana vacation residence at her request, and has only returned to the home in Virginia two to three times a year to move her personal belongings out.....She is currently pressuring me to divorce and demands that the home in Virginia be sold so she may have half of the equity in addition to half the Retirement Account value I currently hold with my employer. She is well educated (bachelors and masters degrees) and prior to our marriage worked full time and supported herself...Although significantly younger than myself, she refuses to seek employment and demands that I continue to support her as I have in the past....there are no medical conditions which prevent her from working, although she has serious substance abuse issues (both drugs and alcohol)......the complexity of my working the property settlement out prior to finalizing the divorce has proven daunting as there have been many purchases, and resales during out previous 10 years of cohabitation......She continues to hostily demand access to the house and insists on staying there in the downstairs bedroom, thankfully my mother has lived with me for the past 3 years and has proven to be an excellent witness to all of the misbehaviors......She is now insisting on being there during the Christmas Holidays (in order to pick up more of "her stuff") and I prefer that she not be.....what are my rights with regard to providing access to her remaining belongings, versus having her demand staying in what I feel is now my home after three years?
Thank you in advance
Arthur

 

[California-Atty]

What is the name of your state?What is the name of your state? VIRGINIA
My wife and I have been separated for almost three years, with my paying support monthly of $1800, plus all medical, car taxes, mortgages (she is living in a separate residence which I pay for), personal property taxes, car loans for both herself and myself, etc...this was after advisement upon initial separation from a lawyer at which time I was told to attempt to work out a reasonable property settlement agreement with my wife if possible.....She is currently living in our Indiana vacation residence at her request, and has only returned to the home in Virginia two to three times a year to move her personal belongings out.....She is currently pressuring me to divorce and demands that the home in Virginia be sold so she may have half of the equity in addition to half the Retirement Account value I currently hold with my employer. She is well educated (bachelors and masters degrees) and prior to our marriage worked full time and supported herself...Although significantly younger than myself, she refuses to seek employment and demands that I continue to support her as I have in the past....there are no medical conditions which prevent her from working, although she has serious substance abuse issues (both drugs and alcohol)......the complexity of my working the property settlement out prior to finalizing the divorce has proven daunting as there have been many purchases, and resales during out previous 10 years of cohabitation......She continues to hostily demand access to the house and insists on staying there in the downstairs bedroom, thankfully my mother has lived with me for the past 3 years and has proven to be an excellent witness to all of the misbehaviors......She is now insisting on being there during the Christmas Holidays (in order to pick up more of "her stuff") and I prefer that she not be.....what are my rights with regard to providing access to her remaining belongings, versus having her demand staying in what I feel is now my home after three years?
Thank you in advance
Arthur

Hey, Arthur. Did anyone ever teach you the word "paragraphs" in school, and how to use them?

IAAL

 

[LdiJ]

What is the name of your state?What is the name of your state? VIRGINIA
My wife and I have been separated for almost three years, with my paying support monthly of $1800, plus all medical, car taxes, mortgages (she is living in a separate residence which I pay for), personal property taxes, car loans for both herself and myself, etc...this was after advisement upon initial separation from a lawyer at which time I was told to attempt to work out a reasonable property settlement agreement with my wife if possible.....She is currently living in our Indiana vacation residence at her request, and has only returned to the home in Virginia two to three times a year to move her personal belongings out.....She is currently pressuring me to divorce and demands that the home in Virginia be sold so she may have half of the equity in addition to half the Retirement Account value I currently hold with my employer. She is well educated (bachelors and masters degrees) and prior to our marriage worked full time and supported herself...Although significantly younger than myself, she refuses to seek employment and demands that I continue to support her as I have in the past....there are no medical conditions which prevent her from working, although she has serious substance abuse issues (both drugs and alcohol)......the complexity of my working the property settlement out prior to finalizing the divorce has proven daunting as there have been many purchases, and resales during out previous 10 years of cohabitation......She continues to hostily demand access to the house and insists on staying there in the downstairs bedroom, thankfully my mother has lived with me for the past 3 years and has proven to be an excellent witness to all of the misbehaviors......She is now insisting on being there during the Christmas Holidays (in order to pick up more of "her stuff") and I prefer that she not be.....what are my rights with regard to providing access to her remaining belongings, versus having her demand staying in what I feel is now my home after three years?
Thank you in advance
Arthur

If the home is in both of your names, she has equal rights to the property. She also has the right to her personal property as well. That won't change until a judge orders a change.

As far as marital property is concerned, you are each going to be entitled to basically 50%. Which means that if she keeps the Indiana home, then any equity in that home gets credited to her 50%...and the same with the VA home. It it happens that the VA home equity would be more than your 50% of the total marital assets...then you are going to have to find a way to pay her the difference.

Any portion of your 401k that existed prior to the marriage would be your separate property..however she would be entitled to 1/2 of any balance that accrued during the marriage.

The bottom line is that you REALLY need a good attorney, and you need to get the divorce going and finalized.

 

[badd2323]

I live in IN, so I just wonder where and why would you have a vacation home in IN.