Tuesday, 18 March 2014

Divorce Attorneys Virginia Beach Equitable Distribution Marital Property

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.
We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.
Hugo v. Hugo
Facts:
            Plaintiff husband and defendant wife each appealed from various rulings of the Circuit Court of Virginia Beach, which arose out of their divorce proceedings. The husband had filed for divorce, on the ground that the parties had lived separate and apart for a period in excess of one year.

            If you are facing a Divorce case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

            The Virginia Court made the following holding:

  • In resolving the equitable distribution of the marital property, a trial court must determine the legal title as between the parties; classify the parties' property as marital, separate, or part separate and part marital; and, determine the ownership and value of the parties' property. Va. Code Ann. § 20-107.3(A).Classification of property as marital or separate is a factual question, generally determined by whether the property was acquired before or during the marriage. Property acquired during the marriage is presumed to be marital and property acquired before marriage is presumed to be separate. Va. Code Ann. § 20-107.3(A)(1), (2). Pursuant to § 20-107.3(A)(3), a trial court may classify property as part marital property and part separate property, or so-called "hybrid property, if the value of separate property increases during the marriage as a result of marital efforts. The increase in value of separate property becomes marital if the expenditure of marital funds or a married party's personal efforts generated the increase in value. § 20-107.3(A)(3)(a). Any such personal efforts must be significant and result in substantial appreciation of the separate property.
If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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