Marital Property

Who is Responsible for the Mortgage during a Separation?

Most Virginia men entering a separation or divorce expect emotional strain, custody disputes, and difficult conversations. But many are blindsided by something far more mundane — the mortgage. The marital home is usually a couple’s most valuable asset and biggest debt, and what happens to that mortgage during separation can shape your financial future for years. Responsible mortgage separation means ...

By |December 10th, 2025|

Exclusive Use and Possession of the Marital Home

The most expensive private home in Virginia sits on the largest privately owned parcel of George Washington’s former Mount Vernon estate. With a price tag of $60 million, it may seem extravagant — but it’s a reminder of one universal truth: for most families, the marital home is the most valuable and emotionally charged asset in a Virginia divorce. Whether ...

By |November 24th, 2025|

Squandering Marital Assets: Understanding Marital Waste in Virginia Divorce

When marital resources are treated like trash on a highway and scattered across the pavement, that’s the kind of waste we’re talking about. Behind the metaphor lies a real legal concept in Virginia divorce: marital waste. It occurs when one spouse uses or depletes marital assets for non-marital purposes — particularly when separation or divorce is on the horizon. This ...

By |November 12th, 2025|

Cryptocurrency and Divorce: How Virginia Courts Handle Digital Assets

Confederate paper money may be worthless as U.S. currency, yet collectors still pay hundreds of dollars for a Choice Uncirculated (CU) bill. In much the same way, cryptocurrency—first introduced in 2009 as a digital currency system—has become a valuable financial asset in modern life, and often, a key point of contention in Virginia divorce cases. Jump to a Section Understanding ...

By |October 20th, 2025|

Dividing Stock Options and RSUs in a Virginia Divorce: A Guide for Men

“Stock” has more than a dozen meanings in the Merriam-Webster dictionary, but the second meaning — “the proprietorship element in a corporation usually divided into shares and represented by transferable certificates” — matters most here. Your Virginia divorce can quickly descend into acrimony, recrimination, and vindictiveness. Nothing, however, derails a property settlement agreement like dividing assets that include restricted stock ...

By |October 13th, 2025|

Can My Wife Legally Kick Me Out of the House?

With a 13 percent eviction rate, Virginia has an eviction crisis, according to Eviction Lab. With 1,079,291 renter households in Virginia paying a typical rent of $1,900 per month, this fact alone is worrying. But what if the person evicting you is not your landlord, but your wife? How can a family law attorney keep you from being homeless? Jump ...

By |November 11th, 2024|

Equitable Distribution

This article is a part of our Family Law 101 series. Jump to a Section Equitable Distribution Definition Equitable Distribution Laws in Virginia Equitable Distribution Definition How to Calculate Equitable Distribution Marital Waste Marital Debt Common Equitable Distribution Issues What Is Equitable Distribution? Equitable distribution is the fair allocation of a marriage’s assets and liabilities based on a specified list ...

By |May 13th, 2024|

When Divorcing, Can One of Us Assume the Mortgage?

“It is dangerous to assume because you might make an ‘ass’ out of ‘u’ and ‘me.’” — Not Oscar Wilde. Not The Odd Couple. Just an auto insurance ad from 1957. But mortgage assumption during a Virginia divorce is a money saver and is different from a buyout. Jump to a Section Home Finance Basics Mortgage Assumption Advantages of assuming ...

By |May 6th, 2024|

Combat-Related Special Compensation (CRSC) and Divorce

All gave some, some gave all. It is a quotation popularly attributed to Howard William Osterkamp, who served in combat in Korea from 1951 to 1953. Combat-related disabilities are lifelong reminders of sacrifice. Does a veteran receiving Combat-Related Special Compensation (CRSC) have to share it in Virginia divorce? Jump to a Section What is CRSC? Who Can Receive CRSC? Virginia ...

By |April 29th, 2024|
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