Legal Question in Family Law in Virginia


my wife and I got married in 2005 in Iran and I as a U.S citizen after 9 months was able to bring her to U.S

I have purchased my house before I met hed and marrying her and paid $120,000.00 as down payment on that house which because of the housing situation went way below the market value. I paid $568000 and got $90000 line of credit from another bank on the house which was discharge in chapter 7 that I filed on 2009 BUT the second bank has a lein on the house as well for that $90000 debt. I owe $395000 on the house+ lien for the $90000.00

The market value of the house is $405000-410000

for immigration reason I added my wife's name to deed (big misteak) and now we have gotthen to the point that we have no choice but getting divorce and she tells me I need to move out and the house is hers(friends and relative pump her up) and so she wants to take me to cleaners. WE have no children due to infertility on bouth side although after knowing that she is infertile I still spent $55000 to go to donor egg and sperm program to get her pregnant and make her happy which did not work and not only she does not appreciate what I have done for her she feels she is an independent person and does not need me no more. not mentioning every thing she got now is because of me even her job. my gross monthly income is $3700.00 and hers is $2400 and she started mid 2008 and only made $7800. I paid monthly mortgage(since was purchased) and some other bills and she pays for the rest of bills.

The question is:

1- can I ask court to move her out of my house till the

divorce is final?

2- does the court award the house to her since I have paid $120000 down payment and bought the house before marring her?

3- do have to pay alimony?

please advice.



Asked on 5/21/13, 7:20 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

1. You can ask but the court will not necessarily grant your request. (After all,

this house is not just yours but also hers based upon your addition of her

to the deed.)

2. Depending upon her circumstances (financial and otherwise), the court could

award your wife the right to occupy this marital home until the divorce is final.

3. Yes, it's possible that the court could grant your wife's request for spousal

support(alimony) prior to the divorce, depending upon her particular financial and related circumstances.

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Answered on 5/21/13, 8:46 am

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