Legal Question in Family Law in Virginia

marital home of disabled spouse

Iminent divorce, I am disabled ,have had full residence and responsibility of the marital home since estranged wife left 21 months ago. She now wants to begin proceedure of divorce and is attemping property seyylement ''demands'' one of which is to take the marital home completely leaving me to find other housing. home is paid for with the exception of a home equity line of credit which I borrow on and repay with part of my SSDI. She wants it all and has had her attorney go so far as to write in a letter to my attorney that ''given mr.---'s state of disabilty and the inabilty or liklihood of him ever having the economic means to secure the marital home, it would be in his best interest to give it up''. I do not agree. I built this home and had it paid for in the first 10 years of the 30 year marriage. It is the last home that I myself can ever physically build. I only want to be left alone. There are no children involved. She is gainfully employed $40,000/year, and stands to inherit property in Pa.(well over 40 acres with oil wells). Do you have any advice?

Asked on 3/09/05, 1:29 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: marital home of disabled spouse

The way I see it is that the wife deserves her "marital share" of the equity in the marital home. If such equity can't be offset by other assets, you'll have to find a way to pay her. Being disabled you may have a shot at recieving spousal support and use that expectation as a possible offset, but the better plan if the house is paid for is to argue to the judge that your lack of potential for obtaining another home necessitates granting the house to you, take a mortgage to pay the wife off (and get spousal support from her to pay the maintenance bills)

Most important - get a good lawyer - an investment sure - but we're talking about your future security here.

Good luck

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3/09/05, 9:15 pm

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