Friday 22 August 2014
Divorce Attorneys Virginia Beach Separation 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.
Moody v. Moody
Facts:
Appellant husband appealed a final decree issued by the
Circuit Court of Virginia Beach, which granted appellee wife a divorce and
awarded the wife half of the fair market rental value of the parties' home from
August 1, 2001, the day the parties separated, through March 31, 2007,
receivables her husband received on two loans to made to businesses he owned,
and a credit of $ 23,457 for taxes she paid.
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:
- Va. Code Ann. §
20-107.3(E)(10) allows a trial court to consider the use or expenditure of
marital property by either of the parties for a nonmarital separate
purpose, or the dissipation of such funds, when such was done after the
last separation of the parties. This subsection was added to the equitable
distribution statute in 2004. If separate property is contributed to
marital property, contributed to the acquisition of new property, or
retitled in the names of both parties, and suffers a loss of identity, the
commingled separate property is transmuted to marital property. Va. Code
Ann. § 20-107.3(A)(3)(d)-(f). In other words, if a party chooses to
commingle marital and nonmarital funds to the point that direct tracing is
impossible, the separate property loses its separate status. Even if a
party can prove that some part of an asset is separate, if the court cannot
determine the separate amount, the unknown amount contributed from the
separate source transmutes by commingling and becomes 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.
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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