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Mon 24 Dec, 2007 09:11 am
I was married in June of 2000 and my wife purchased a home in May of 2001. We are separated and I can't get her to come to a settlement talk. I, under VA law am entitled to equitable division of marital property. Can I place a lien on the home to prevent her from selling it without my knowledge, thereby undermining my rights?
No idea, so this is a bookmark. Good luck.
I think you can be granted a court order preventing her from selling.... I don't know about an actual lien. An attorney would know and we have several here... Im sure someone may chime in although christmas Eve they're probably not keeping regular A2K hours...
You should consult with a Virginia attorney about this issue which requires an understanding of Virginia law.
Bear, Sharks don't sleep. It's swim or die....
Okay no definitive answers yet, so here's a joke.
It concerns a much-married gent who expressed a desire not to do it again.
He said it would save time if he just found a woman he didn't like and bought her a house.
Did your wife buy the house with her own funds, and put it in her name only? Unless you live in a community property state, you might have a problem. You really need to ask an attorney about this.
Uh, am I getting this right that you are going after your wife's property? That she bought with her money? Why would you do that? Did you help her finance it?
A lien here can be put on anything but to me it's extremely unpalatable to go after something someone else bought and paid for.
I hope that's not what you're suggesting; whether it's legal "technically" or not, it's just not right.
Well Mame, the people you marry are never the same people you
divorce, so I guess he's after her money.
If she has paid for the property with her own money, paid all
mortgages, taxes, and upkeep separately with her funds, you have
no leg to stand on, Shawanga. However, as it was suggested before,
you should consult a VA lawyer to get a fair settlement.
CalamityJane wrote:Well Mame, the people you marry are never the same people you divorce...
That is probably true but it's also sad.
Re: Can I place a lien on my wife's home?
Shawanga wrote:I was married in June of 2000 and my wife purchased a home in May of 2001. We are separated and I can't get her to come to a settlement talk. I, under VA law am entitled to equitable division of marital property. Can I place a lien on the home to prevent her from selling it without my knowledge, thereby undermining my rights?
She purchased a home? why should you have any right to it? what have you contributed to the purchase and upkeep of the house? have you paid the taxes? insurance? what contribution have you made to the house that makes you getting any piece of it equitable?
I'm guessing he's looking for retribution.
Re: Can I place a lien on my wife's home?
ehBeth wrote:Shawanga wrote:I was married in June of 2000 and my wife purchased a home in May of 2001. We are separated and I can't get her to come to a settlement talk. I, under VA law am entitled to equitable division of marital property. Can I place a lien on the home to prevent her from selling it without my knowledge, thereby undermining my rights?
She purchased a home? why should you have any right to it? what have you contributed to the purchase and upkeep of the house? have you paid the taxes? insurance? what contribution have you made to the house that makes you getting any piece of it equitable?
I know nothing about VA law, but the simple answer might be: because he was married to her when she purchased it.
My guess is he is going to have to file for a divorce, then he can get a preliminary order or injunction that prevents her from selling it without a court order until property is divided. But as I said earlier, he needs to consult a VA atty.
The law is one thing, TicoM. His thinking he has a right to ask for anything is something else entirely.
I'm asking why he thinks he has the right to expect anything. You know - as a right-thinking human. Of course, I'm assuming that's what he is.
ehBeth wrote:The law is one thing, TicoM. His thinking he has a right to ask for anything is something else entirely.
I'm asking why he thinks he has the right to expect anything. You know - as a right-thinking human. Of course, I'm assuming that's what he is.
Right. But remember, this is the
Legal forum. Relationships & Marriage is over that way ........
(I'm not saying he doesn't deserve to have his balls busted, mind you. I'm just not sure this is the right thread for it. :wink:)
Hold your hats. I'm going to agree with Ticomaya.
I'm not an attorney, nor do I play one on tv. (Nor did I stay at a Holiday Inn last night, but that's neither here nor there.)
Anyway, if they were married when the property was purchased, and IF she paid for it with her own funds, maybe doing so put a higher financial burden on him in the joint asset / living column of the ledger. If so, he may be able to claim some portion of the home or have the joint assets weighted to reflect his larger contribution to the marriage even if individual funds (such as from an inheretence) were not intermingled.
Just a thought.
Ain't divorce just the most fun......(Never again)
It's real life, and attorneys make the rules.....
Get a good one.
RH
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