Questions about equitable distribution in Virginia.

[KingOfTheHill]

Virginia

Husband and wife agreed to split all bills and mortgage 50/50 on purchase of marital house 23 years ago. The house is now paid off. Wife paid over $20k more on the mortgage and other bills and has written proof of such. It is agreed between both parties that the house is to be sold.

Is "equitable distribution" always 50/50 in Virginia?

How likely is a judge to award the additional amount that the wife paid to her in the divorce?

Any additional information would be greatly appreciated!

Thank you for your time!

 

[Just Blue]

Virginia

Husband and wife agreed to split all bills and mortgage 50/50 on purchase of marital house 23 years ago. The house is now paid off. Wife paid over $20k more on the mortgage and other bills and has written proof of such. It is agreed between both parties that the house is to be sold.

Is "equitable distribution" always 50/50 in Virginia?

How likely is a judge to award the additional amount that the wife paid to her in the divorce?

Any additional information would be greatly appreciated!

Thank you for your time!

Is this a hypothetical? If not, who are you in this situation?

 

[zddoodah]

Is "equitable distribution" always 50/50 in Virginia?

No. That's the whole point of equitable distribution.

How likely is a judge to award the additional amount that the wife paid to her in the divorce?

78.321%

Seriously...no one can intelligently assess this in a vacuum.

 

[adjusterjack]

Is "equitable distribution" always 50/50 in Virginia?

If you mean does each asset have to be split down the middle, no. There can be offsets as long as each party walks away in a relatively equal position.

How likely is a judge to award the additional amount that the wife paid to her in the divorce?

Where did that $20,000 come from?

 

[quincy]

Virginia

Husband and wife agreed to split all bills and mortgage 50/50 on purchase of marital house 23 years ago. The house is now paid off. Wife paid over $20k more on the mortgage and other bills and has written proof of such. It is agreed between both parties that the house is to be sold.

Is "equitable distribution" always 50/50 in Virginia?

How likely is a judge to award the additional amount that the wife paid to her in the divorce?

Any additional information would be greatly appreciated!

Thank you for your time!

The spouses could agree in writing to a division of assets that includes the extra $20,000 for the wife on the house, possibly in exchange for an another marital asset to the husband with a value of $20,000.

How well do the divorcing spouses get along? A pre-divorce property division agreement would have to be approved by the court but any agreements the couple can come to prior to court can save both of them time and money.

 

[adjusterjack]

How well do the divorcing spouses get along?

Considering the OP's user name I'd guess that the wife is pretty hostile by now.

 

[KingOfTheHill]

Is this a hypothetical? If not, who are you in this situation?

This is a real situation. I am a friend of the wife.

 

[KingOfTheHill]

Considering the OP's user name I'd guess that the wife is pretty hostile by now.

My username is just what came to mind when I created the profile. I am a friend / bystander in this.

 

[Just Blue]

This is a real situation. I am a friend of the wife.

Please refer the wife to this site. Tell her to join, using her own username. It is much more effective to have the actual legal party here to ask her own questions.

 

[KingOfTheHill]

The spouses could agree in writing to a division of assets that includes the extra $20,000 for the wife on the house, possibly in exchange for an another marital asset to the husband with a value of $20,000.

How well do the divorcing spouses get along? A pre-divorce property division agreement would have to be approved by the court but any agreements the couple can come to prior to court can save both of them time and money.

Not at all. There is a no hostile contact emergency protective order against the husband as well as assault charges. There have been proposals by both sides but no agreement yet.

 

[KingOfTheHill]

If you mean does each asset have to be split down the middle, no. There can be offsets as long as each party walks away in a relatively equal position.



Where did that $20,000 come from?

Even with unequal contribution and effort by one party?

The $20k is the sum of the additional funds put toward the mortgage (primarily) and other bills by the wife.

 

[KingOfTheHill]

Please refer the wife to this site. Tell her to join, using her own username. It is much more effective to have the actual legal party here to ask her own questions.

I have done that. She is having a hard time juggling this situation, work and other commitments so I posted for with her consent.

 

[quincy]

Not at all. There is a no hostile contact emergency protective order against the husband as well as assault charges. There have been proposals by both sides but no agreement yet.

If they can come to an amicable division of property, they should write out the agreement and date and sign it. Again, the court will have to approve the property division but, if it is truly equitable, the court should incorporate the property division into their divorce agreement.

A word of advice, because I know someone going through a divorce right now: Tell your friends not to argue over the really small stuff, inexpensive property. Most small stuff can be replaced after the divorce for far less than what they will pay an attorney to settle a dispute over pots and pans or knickknacks.

 

[not2cleverRed]

Equitable distribution is about being "fair". It does not have to 50/50.

If the parties cannot agree on how to split the marital assets, then a judge has to determine what is a fair (equitable) way of dividing those marital assets. It then depends on the judge's opinion.

The judge may agree with the wife.
Or, depending on the presentation of facts, the judge may think the husband has contributed equally to the building of marital assets and split it down the middle.
Or, the judge might decide that one party has consistently been a a thorn in the other's side, and for a variety of reasons come to a more lopsided decision.

I have a friend who got the ENTIRE house in the divorce, even though the ex had been the primary wage earner. Why? Because he was a jerk. Wasteful dissipation of assets - gambling, mistresses, etc. He was also abusive and was convicted of molesting one of the kids. (If you piss off the judge, and/or waste the judge's time, the judge will find legal ways to help the other party.)

(Community property is about being "equal".)

 

[not2cleverRed]

Even with unequal contribution and effort by one party?

The $20k is the sum of the additional funds put toward the mortgage (primarily) and other bills by the wife.

The source of the $20K can matter.

Was the $20K separate property? Then it might go her way.

Was the $20K from income earned during the marriage? If so, then it's a marital asset. But then... did she earn more than the husband or less? If she earned more than the husband, and this is reflected in the extra amount contributed, then she might be viewed as being difficult. However, if she earned less than him, but was contributing more to the mortgage because he was drinking away his paycheck (or some other vice), that might count in her favor.

It is better to mediate, as trials are expensive.
It may be more cost effective to walk away from money that you believe you have a legal claim on, if the court costs will be higher that that sum.
And yes, one might be awarded court costs... but only at the conclusion... and getting the other party to pay can be difficult.
Oh, and getting awarded court costs is NOT automatic. Many is the woman who naively believed a lawyer who said, "Don't worry... we'll get court costs", only to not...

But, if one is dealing with a difficult person, who will never concede an inch, and trial is inevitable, then just cut to the chase.