Legal Question in Family Law in Virginia

property division

we are not married, but have a house and two cars (just to name the main things) together. how do i go about getting seperated from him and all of these items legally?


Asked on 1/19/07, 9:53 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: property division

Depends upon how these various items are titled (meaning whose names are on the documents evidencing ownership).

The house is considered real property and if it's jointly held(meaning both names on the deed), then you must either reach an agreement with your partner regarding its sale and division of the proceeds of the sale, or the altertative is to initiate what's called a suit for partition in the local circuit court where the property is located (where a judge would likely order its sale with the division of the proceeds as mentioned).

If the items of personal property such as the cars are roughly of equal value,

obviously, the simplest solution would be to forge an agreement whereby each party would merely take one of the vehicles, and the rest of the personalty could also then be divided up using roughly the rationale of value for value, which would not require that the items of personal property being divided be necessarily identical. (Some adjustments, naturally, might have to be made where there are irreconciable disparities with respect to the values of certain properties which need to be split between the parties.)

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Answered on 1/19/07, 10:17 am


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