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.
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