Legal Question in Family Law in Virginia

if you have joint property with home and grown children fromprevious marriages how does this affect in wills or divorce

Asked on 2/25/13, 5:38 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward
0 users found helpful
0 attorneys agreed

So long as you keep that property separated from property (even income) you acquire during the marriage (marital property), the property acquired before the marriage is treated as separate property, in which your spouse would not have an interest. If the title remained in your name, and that of your children, but you devoted some marital property such, as income, during the subsequent marriage, there may be some portion of the value of the premarital property which would be included in the division of property in the event of a divorce.

As for wills,essentially the same logic applies, though the concept is more complicated, involving whether a spouse to whom you are married at the time of your death has any claim to a portion of your "augmented estate". Not something you would want to tackle without the asistance of an attorney.

Read more
Answered on 2/25/13, 6:16 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now