PLS HELP - Which state is better for Divorce for dads...VA or TX? I want to protect my house from pre-marriage

[shanejimmy]

I am a male and 37 years old. i bought a house in Virginia in 2000 and only my name is on the deed. I still own the house. I got married in 2007 in Virginia and have 3 kids with my wife who earn significantly more than i do. My wife and Kids are still in VA but in the process of moving to TX. I am now and have been residing in TX for almost a year by myself and my house is still in Virginia, My Wife recently threatened me for a divorce. I am assuming that she wont have any money from my house in VA? if i sell it now, then will she be entitled to the money generated from the sale of the house now or since it has always been my house all along and pr- marriage, so she cant claim that house or the money from its sale now? we are still married, but i want to protect myself and my asset (house) if she do decide to take the divorce route. So since i have always owned that house, does it make any difference if i sell it now or after divorce? if i sell it now, then a year later she decides to divorce me, then can i keep that money generated from the sale of my house as long as i keep the money "separate"? or dont sell the house now, and make them move to TX and if she takes the divorce route, she wont be entitled to my house? or is it better to take the divorce route in VA or TX after they move?

 

[Ohiogal]

She is entitled to half the marital equity if any marital funds went into the home. Your income for instance is a marital fund.

 

[adjusterjack]

Ownership and marital interest are complicated. It may already be too late to protect your house from divorce unless you have a large amount of cash to bargain with. I suggest you talk to a lawyer ASAP.

 

[shanejimmy]

So for most part, from 2007 (when i got married) until 3 years ago, we were living in other rental properties while i rented my house (house that i own and bought in 2000 with only my name). is it still considered to be marital equity even tho we/i was paying rent at other rental properties until 3 years ago? is it better to sell the house now (or keep renting it) and divorce in VA, or sell it now (or keep renting it) and divorce in TX? which state will be better option in protecting my own house? thanks

 

[Taxing Matters]

Once she completes the move to TX any divorce will have to be done in the Texas courts. Note, however, that as the home is in Virginia, it should not be treated as community property. Texas law, however, would generally govern the proceedings and the division of assets. If you wanted the divorce heard in Texas, you need to wait to file until she gets there; Texas does not yet have jurisdiction over her.

On the other hand, if you want the divorce done in Virginia, you need to get that lawsuit filed before she moves. The problem is that maintaining a divorce action for the two of you in Virginia after you both are in Texas would likely become a burden in traveling back and forth to Virginia for hearings, etc.

I suggest you talk with divorce attorneys in both states now to determine how the divorce outcome would likely look in each state given your particular circumstances. There is a lot more to this than just that one house, and no one here will be able to tell you which might be the better forum on the very limited information we have.

 

[shanejimmy]

Thank you all for your feed backs and comments. I think i will bring them to TX and see if she threatens me again or initiates a divorce. I guess at this point, if i sell my house in VA, will that still be considered at communal property even though we haven't lived there for majority of our marriage? or should i keep the house in VA and keep renting it, this way it will still be separate and under my name when and if she initiates a divorce down the road? or it wouldn't matter either way?

 

[LdiJ]

Thank you all for your feed backs and comments. I think i will bring them to TX and see if she threatens me again or initiates a divorce. I guess at this point, if i sell my house in VA, will that still be considered at communal property even though we haven't lived there for majority of our marriage? or should i keep the house in VA and keep renting it, this way it will still be separate and under my name when and if she initiates a divorce down the road? or it wouldn't matter either way?

Its likely not to matter a whole lot either way.