WV marital rights / inheritance

[lindamc]

What is the name of your state? West Virginia
My husband is in our marital home in VA.
I have to wait for the legal time to file. I left on Oct. '04
If my parent dies before our divorce or seperation is filed, does he get half? He says he does not want a divorce yet because he is waiting. My Mom is fading fast. He wants my name off the house and I won't until I have to. His girlfriend is as greedy as he is. I am on disability. He washes cars. I really don't want the house unless to use as leverage .

Question is. Can I get some sort of legal paper to prevent him taking the inheritance if Mom passes?

[LdiJ]

Originally Posted by lindamc

What is the name of your state? West Virginia
My husband is in our marital home in VA.
I have to wait for the legal time to file. I left on Oct. '04
If my parent dies before our divorce or seperation is filed, does he get half? He says he does not want a divorce yet because he is waiting. My Mom is fading fast. He wants my name off the house and I won't until I have to. His girlfriend is as greedy as he is. I am on disability. He washes cars. I really don't want the house unless to use as leverage .

Question is. Can I get some sort of legal paper to prevent him taking the inheritance if Mom passes?

Inheritances are normally separate property...however the laws vary from state to state. Its probably best if you consult a local attorney.

[rmet4nzkx]

You can file now in VA without having to wait the 1 year required of WV unless the marriage occured in WV, see next post ofr WV requirements. You didn't mention how long you were married or if children are involved. Both states have equatible distribution, so your mother's estate will be yours. Depending on the grounds, adultery is one of them, then you may receive more than 1/2 of the value of the marital home with equatible distribution. Since you are disabled, you may also be entitled to spousal support. You can also have agreements without divorce and may be entitled to separate maintenance until then. See an attorney as this could get complicated.
[url]http://www.divorcesource.com/info/divorcelaws/virginia.shtml[/url]
State Divorce Laws: Virginia

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce. The divorce may be filed for in: (1) the county or city in which the spouses last lived together or (2) at the option of the plaintiff: [a] the county or city where the defendant resides, if the defendant is a resident of Virginia or [b] if the defendant is a non-resident of Virginia, the county or city where the plaintiff resides. [Code of Virginia; Title 8, Section 8.01-261 and Title 20, Sections 20-96 and 20-97].

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Living separate and apart without cohabitation for 1 year or (2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement. [Code of Virginia; Title 20, Section 20-91].

General: (1) Adultery (including homosexual acts); (2) abandonment; (3) conviction of a felony and imprisonment for 1 year; (4) cruelty; and (5) willful desertion. [Code of Virginia; Title 20, Section 20-91].

LEGAL SEPARATION: The grounds for legal separation are: (1) cruelty; (2) willful desertion; (3) abandonment; and (4) reasonable apprehension of bodily injury. One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for legal separation. [Code of Virginia; Title 20, Sections 20-95 and 20-97].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: Separation agreements are specifically authorized by statute and will reduce the time required for living apart by 6 months. In addition, a spouse may waive service of process, but the waiver of service of process form must be signed in front of the clerk of the court. The testimony of either spouse must also, generally, be corroborated by a witness. [Code of Virginia; Title 20, Sections 20-99, 20-99.1:1, 20-107.3, and 20-109.1].

PROPERTY DISTRIBUTION: Virginia is an "equitable distribution" state. The separate property of each spouse, consisting of: (1) property acquired prior to the marriage; (2) any gifts and inheritances; (3) any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases; and (4) any property acquired in exchange for separate property; will be retained by the spouse who owns it. The marital property, consisting of: (1) all property acquired during the marriage that is not separate property; (2) all property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties; (3) income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts; (4) any separate property which is commingled with marital property and cannot be clearly traced; will be divided equitably by the court. The court may also order a payment from 1 spouse's retirement benefits, profit-sharing benefits, personal injury award, or worker's compensation award, to the other spouse. The factors for consideration are: (1) the contribution of each spouse to the acquisition, care, and maintenance of the marital property; (2) the liquid or non-liquid character of the property; (3) the length of the marriage; (4) the age and health of the spouses; (5) the tax consequences; (6) any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities; (7) how and by whom the property was acquired; (8) the circumstances that contributed to the divorce; (9) the contributions, monetary and non-monetary, of each spouse to the well-being of the family; and (10) any other factor necessary to do equity and justice between the spouses. [Code of Virginia; Title 20, Section 20-107.3].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded maintenance, to be paid in either a lump sum, periodic payments, or both. The factors for consideration are: (1) the opportunity, ability and time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the financial resources of the spouses, including marital property apportioned to such spouse; (5) the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse; (6) the tax consequences to each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the educational level of each spouse at the time of the marriage and at the time the action for support is commenced; (10) the property of the spouses; (11) the circumstances which contributed to the divorce; (12) the extent to which the age, condition, or circumstances of any child of the spouses makes it appropriate that the custodial spouse not seek outside employment; (13) any income from pension, profit-sharing, or retirement plans; (14) any contributions by either spouse to the well-being of the family; (15) the earning capacity of the spouses, including the skills, education, and training of the spouses and their employment opportunities; (16) any decisions made during the marriage regarding employment, career, education, and parenting that affected a spouse's earning potential, including the length of time absent from the job market; and (17) any other factor the court deems just and equitable. However, permanent maintenance will not be awarded to a spouse who was at fault in a divorce granted on the grounds of adultery, unless such a denial of support would be unjust. [Code of Virginia; Title 20, Sections 20-95, 20-107.1 and 20-108.1].

[rmet4nzkx]

[url]http://www.divorcesource.com/info/divorcelaws/westvirginia.shtml[/url]
State Divorce Laws: West Virginia

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing. However, if the marriage was performed in West Virginia and 1 spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in the county: (1) in which the spouses last lived together; (2) where the defendant lives if a resident; or (3) where the plaintiff lives, if the defendant is a non-resident. [West Virginia Code; Sections 48-5-103, 48-5-105, and 48-5-106].

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Irreconcilable differences have arisen between the spouses or (2) living separate and apart without cohabitation and without interruption for 1 year. [West Virginia Code; Section 48-5-201].

General: (1) Adultery; (2) abandonment for 6 months; (3) alcoholism and/or drug addiction; (4) confinement for incurable insanity for 3 years; (5) physical abuse or reasonable apprehension of physical abuse of a spouse or of a child; (6) conviction of a felony; (7) cruel and inhuman treatment, including false accusations of adultery or homosexuality; (8) willful neglect of a spouse or a child; and (9) habitual intemperance (drunkenness). [West Virginia Code; Sections 48-5-202 to 48-5-209].

LEGAL SEPARATION: The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation. [West Virginia Code; Section 48-5-501].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: If 1 spouse files a verified complaint for divorce on the grounds of "irreconcilable differences," the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. Circuit clerks are required to have supplies of an official "petition" and an "answer" form on hand, free of charge. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences." In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms are required to be filed. [West Virginia Code; Sections 48-5-402, 48-5-403, 48-6-201, 48-7-201, and 48-7-203 and West Virginia Rules of Civil Procedure; Rule 80].

PROPERTY DISTRIBUTION: West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property: (1) acquired prior to the marriage; (2) acquired by gift or inheritance during the marriage; (3) any increase in value of the separate property; and (4) any property acquired in exchange for any separate property. Marital property, consisting of all other property acquired during the marriage, is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on consideration of the following factors: (1) the contribution of each spouse to the acquisition, preservation, maintenance, or increase in value of the marital property, including the contribution of each spouse as homemaker and in childcare; (2) the value of each spouse's separate property; (3) the amount and sources of income of the spouses; (4) the conduct of the spouses during the marriage only as it relates to the disposition of their property; (5) the value of the labor per-formed in a family business, in the actual maintenance or improvement of tangible or intangible marital pro-perty (6) the contribution of 1 spouse towards the education or training of the other that has increased the income-earning ability of the other spouse; (7) the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse; and (8) any other factor necessary to do equity and justice between the spouses. The court may, if necessary, award a spouse's separate property to the other spouse. [West Virginia Code; Sections 48-5-604 to 48-5-612 and 48-7-101 to 48-7-112].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to provide the other spouse with alimony. Factors to be considered are: (1) whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment; (2) time and ex-pense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity; (3) duration of the marriage; (4) comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (5) amount of time the spouses actually lived together as wife and husband; (6) tax consequences to each spouse; (7) age of the spouses; (8) physical and emotional conditions of the spouses; (9) vocational skills and employability of the spouse seeking alimony; (10) any custodial and child support responsibilities; (11) educational level of each spouse at the time of marriage and at the time the action for divorce is commenced; (12) cost of education of minor children and of health care for each spouse and the minor children; (13) distribution of marital property; (14) any legal obligations of the spouses to support themselves or others; (15) present employment or other income of each spouse; (16) whether either spouse has fore-gone or postponed economic, education, or career opportunities during the marriage; (17) standard of living during the marriage; (18) any financial or other contribution from 1 spouse to aid the education, training, vocational skills, career, or earning capacity of the other spouse; (19) financial needs of each spouse; and (20) any other factor the court deems just and equitable. Marital misconduct of the spouses will be considered and compared. Alimony will not be awarded to any spouse who: (1) was adulterous; (2) has been convicted of a felony during the marriage; or (3) deserted or abandoned his or her spouse for 6 months. The court may require health and/or hospitalization in-surance coverage as alimony. [West Virginia Code; Sections 48-6-301 and 48-8-104 and West Virginia Case Law].

[lindamc]

I have a hard time trying to reply when it asked for title...

We were married 15 years. No children. I am 61, he is 59.
He had the house before we married but we re-financed it and my name went on it. I left because of the ongoing affair and his lack of hygiene, plus other things. I am needing him to help me now with my health problems, and he resents me asking even for a glass of water. He said I am worthless because I can't do what I used to. Bimbo is fine and healthy. They will be a good pair.
If I have to wait a year and he doesn't then I guess I do not need to file. I need some of the things I left behind though and they won't let me in. Parts of my wheelchair, linens, kitchen utensils, etc. I thought of getting a locksmith to let me in since he changed the locks.

I wouldn't want spousal support because he barely makes enough to get along now, washing cars. I would forgo it if he would pay a bank bill my name is on. I only make 560. a month

Thank you for all this info. I am glad he won't be rewarded with my inheritance.