Legal Question in Family Law in Virginia
Divorce and property purchased by parents for special needs child
Sixty-two year old brother is a recovering alcoholic with numerous issues including short and long term memory problems. Parents, now deceased, dealt with his alcoholism that began at age 12 and culminated with a commitment at age 37. Parents did not want him to be a burden on siblngs (7) or on society. They made arrangements via oldest child to pay for his home. This was done in 1997 by mother and oldest child per deceased father's directive. In divorce court last month the judge decided the purchase was a gift to brother and his wife, disregarding sister's testimony and cancelled checks. All siblings were present to corroborate parents' wishes but were not called. Brother cannot understand how anyone can take what his parents gave him. After mother's death in 1999 his wife of 20 years diverted money to a secret account and secured a loan without his knowledge. Does he qualify for help or protection from the Americans with Disabilities Act? He does not want to leave his home and he does not feel he should pay $113,000 (appraisal by wife's attorney) for his home (assessed at 79,600). The family is fearful for him. His coping and reasoning skills are quite limited and clinical depression presents other issues. No children!
1 Answer from Attorneys
Re: Divorce and property purchased by parents for special needs child
Your account is somwhat confusing but, apparently, a judge in a divorce action found that the payoff of your diabled brother's mortgage by his mother and siblings constitued a gift to the marital couple(rather than to your brother alone) which at the time consisted of your brother and his avaricious wife. The wife now, apparently, is demanding "her fair share" of the property in the divorce action.
If this is correct and key evidence was not offered at the hearing which may have corroborated your version of matters, the attorney who presumably was representing your brother should be filing a motion for reconsideration (if it's not too late) or pursuing an appeal of the judge's decision in the appropriate appellate court(assuming that the time for such has not already expired).
I doubt that the ADA would have any application or relevance to this matter, but would have to review the entire federal statute to be certain.
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