Divorce And Property Rights

Divorce & Property Rights

Divorce & Property Rights

Matrimony is the joining together of two people and at the time of the marriage both blissfully consent to share all things in their day-to-day lives for better or for worse.

Alas, lots of relationships do not stay for better or worse and they lead to separation and divorce for a number of reasons. The main dilemma is the fact that in the period of time they were betrothed they have usually piled up a variety of property and assets that effectively are held jointly and now, somehow they must be divided up.

The largest piece of property will probably be the family residence and even though it was a wonderful moment the day the happy couple first acquired their property, now everything has gone sour, it is really an item that produces a lot of frustration and sorrow. After all, a home is the biggest and most costly investment a lot of people ever make in their life.

If you’re planning on getting divorced it’s essential you fully grasp the appropriate laws concerning property rights when it comes to divorce.

For instance, if you owned a property prior to getting hitched and you kept it but did not live in it as a husband and wife it remains yours in its entirety; providing your better half did not contribute to its maintenance.

In addition, when you have acquired a property as an inheritance or gift from a 3rd party, it does not inevitably form a portion of the combined estate, unless bequeathed to you and your significant other.

The legislation set up in the state of Virginia are clear insofar that marital property will have to, in the case of a divorce, be divided in a fair manner. It does not at all times mean a break of 50/50, as it depends upon the requirements of both people, just how much they contributed while in the spousal relationship and every person’s own financial standing. It is very important realize that if any other properties are held, and not resided in by the married couple getting divorced, then if they are maintained or paid for collectively chances are they end up part of the marital real estate and will be included for the purpose of equitable distribution.

A judge has the power to figure out ways to split the real estate. This can be by giving a monetary amount to 1 party and allowing the other to keep the house. Additionally the court can decide that the property should be offered for sale to a third party or that one of the party getting divorced buys the real estate from the partner at a cost applicable on the real estate marketplace at that time.

Should you be getting divorced the easiest and most effective method to divide up the home and property to is try to do it amicably beyond the authority of the courtroom.