Legal Question in Family Law in Virginia

Seperation

My wife filed for divorce.The first hearing was on May 9th.The judge ordered her to give me my personal things,tools my wife has not done this.She has not signed or her lawyer has not sighed the agreement the judge ordered.What can i do?Also i brought money into the marrage.I know by law i am entitled to the money i brought into the marrage,i believe it is called the Barrenger law not for sure on the spelling,sorry.Can you tell me if i get intrest on the money i brought in the marrage and if so what percent. Thank you.


Asked on 7/28/01, 10:11 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Seperation

Never heard of the Barringer Law. But the law in Virginia is that there are, basically, three classes of property in a divorce involving equitable distribution.

The first type of property is separate property, which is any property acquired by a spouse before the marriage and not inter-mingled with the spouse's property. Separate property also includes any property acquired subsequent to marriage by gift or inheritance, so long as that spouse does not inter-mingle it with the property of the spouse.

Marital property is property acquired subsequent to the marriage except by gift or inheritance.

The third type is hybrid property, which is property consisting of a combination of the two, e.g., separate real estate that is partly paid for with money earned by either spouse after marriage.

Whatever accumulation of "interest" or accumulated value may be calculated as marital property.

You didn't say whether you had an attorney when the decision and/or agreement occured. If you didn't have one, better get one. Pronto.

By the way, "agreements" are not ordered by the court. The court, if there is no agreement, may enter an order providing for certain things. But courts don't "order" agreements to be signed unless agreements between the parties or between counsel representing the parties are represented to the court as having been entered.

Sounds to me like you better get a lawyer.

Did I say "Pronto?"

If I didn't, I meant to. So, get a lawyer...

...PRONTO.

If not sooner.

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Answered on 8/02/01, 11:25 pm


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