Legal Question in Elder Law in Virginia

If a couple marries late, 56 and 63, and the 56 year old has assets in her name only(retirement investments) will the state(VA) see those assets as only hers or belonging to both in terms of long term care?

Asked on 4/21/10, 7:01 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Under Virginia law, property which spouses owned previous to the

marriage generally remain the sole property of each (with some exceptions).

And, retirement investments (to which the non-owning spouse has in no way contributed) would not appear to qualify as one

of those exceptions.

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Answered on 4/28/10, 6:16 am

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