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

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.

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

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