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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