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house issues

good morning to all, i was just surfing & stressing & found this site.. maybe someone knows the answer to my question.. In Virginia, there is no community property law (learned this is a divorce seminar that i attended last summer).  my husband moved out of our marital home almost 2 years ago without a "separation agreement" which gives me grounds to claim abandonment according to my lawyer.  he wants me to agree to sell the house in this awful market thinking he will get 1/2 of the proceeds after everyone else gets paid.  I have been told by someone other than a lawyer, that he would only be entitlted to 1/2 of whateever the equity was up until  the day he moved out.  does anyone know if this is true?  and if so, where can i find this in writing?
by karomelkitty    30 Posts   
Posted on 4/26/2008 8:40 AM    
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Answers for "house issues"  (11) (You must be logged in to answer)
you are welcome -

your attorney could probably schedule a hearing to get a default judgement if he doesn't sign. However, don't jump the gun just yet - it may be to your advantage if he doesn't sign and the case law I gave you applies...

I know you want to be legally untangled from the guy - but don't rush it - you want to make sure you get what you deserve, not just what you can get.
by spaznskitz   1927 Posts
Posted on 4/28/2008 2:19 AM
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couple more questions that i just thought of..i gave mr wonderful the papers approximately 6 weeks ago after he told me he would sign them but he has not signed & given them back to me to give to the lawyer to file.  i know that after they are signed  they have 21 days to respond and if they do not the request goes to the judge for signature.  since he is refusing to sign them now is there anything i can do to go around him and get my divorce with what we had originally agreed upon (in the papers) without his signature?  or am i stuck until he decides to stop being a jack*&^&&*(!?
by karomelkitty   30 Posts
Posted on 4/27/2008 9:13 PM
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you are AMAZING...I looked up the case & although there are a few differences, the result is the same.. he left with no intention of returning, continued his relationship with another woman, failed to put anything in writing and has since had a child with this woman and they still currently live together.. i think this is a great start!  thank you so much .. off to my lawyer i go tomorrow morning!!!!he should give me a discount for handing him his notes with your assistance.....
by karomelkitty   30 Posts
Posted on 4/27/2008 3:22 PM
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Ms. Spaz, thank you soooo much, you have given me somewhere to start looking and that is half the battle...i think you probably know if you have seen any of my other comments to other posts that i am a "fighter" and that if there is anyway to make it work, i am quite willing to look for it... thanks again.. i am definitely going to do my homework with this clue..
by karomelkitty   30 Posts
Posted on 4/27/2008 2:59 PM
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generally it is up until the time he moved out unless there was an agreement in writing otherwise -  but I'm unsure of Virgina laws specifically and I can't find anything in the statutes that clearly defines it. I've been looking for something specific for the past hour and my eyes are bleary lol

I did find caselaw for VA where a wife was given 100% of the equity due to her husband abandoning the marriage - but the guy pretty much hid from his wife for a while - not sure if that happened in your case in the two years he has been gone...I didn't read the whole thing but it is  Gerwe v. Gerwe, 1996 if you want to look it up and read it, or ask your attorney about it....kinda doubt it applies but it's worth a look, in the possibility it brings up other cases that are relevant.

this really ends up being an ask your attorney when it gets calcuated question, he knowing your case so intimately, could give you the best answer to that.
by spaznskitz   1927 Posts
Posted on 4/27/2008 4:41 AM