Marital Property

What Happens to Student Loan Debt in Divorce?

If you owned a stock that climbed 33 percent in value from 2014 to 2019, you would rightfully think of yourself as the next Warren Buffet. That percentage, though, is the increase in the amount of student loan debt incurred in the United States in that five-year period, according to Investopedia1. If a sliver of that debt is in your ...

By |September 14th, 2020|

Should I Refinance My Home Before or After Divorce?

Financial gurus will tell you: a new car purchase is really three deals (sell the old car; buy the new car; arrange the financing). Car dealers want all that to happen on their lots. Financial advisers tell you to keep the three deals apart. The principle holds true with divvying up marital property during separation and divorce: keep the deals ...

By |August 3rd, 2020|

Your Pendente Lite Hearing: What to Expect and How to Prepare

During divorce litigation, you can have a lot of time on your hands. One way to pass the time is to take up the dead language Latin. Pendente lite, for example, is not a brand of Virginia beer. It's Latin for "with the lawsuit pending," and it is a temporary agreement setting down rules about spousal support, child support, child custody, ...

By |May 18th, 2020|

Do We Have to Refinance Our Home After Our Divorce?

Real estate financing markets roil with the slightest hint of news. Recently, even amid a strong economy, as reported in the Washington Post “the 30-year fixed-rate average [for mortgages] shot up to 3.73 percent.”1 This happened because the Federal Reserve nudged its rate higher. You may not be a financial wizard, but if you are divorcing in Virginia, you face ...

By |November 11th, 2019|

Virginia Divorce & Property: Mine, Yours and Ours

You think your divorce is messy? Consider a former Virginia Beach City Council member's story. According to InStore Magazine's interview, in the space of a few years, the former council member's businesses (seven jewelry stores), inventory, and home were seized by banks, he went through a difficult divorce, ran for Congress, switched political parties, realized he was gay, and had ...

By |August 5th, 2019|

6 Great Places to Search for Hidden Assets When Divorcing

The common ferret is a remarkable animal. Ferrets are routinely used to hunt rabbits. Felicia Ferret1 cleaned pipes for Fermi Lab. A busyness of ferrets saved London's Millenium Concert2. Busyness — that's the collective noun. Felicia is one ferret; Felicia and all her ferret friends are a busyness. Ferrets are of little help, though, in ferreting out hidden assets during divorce. ...

By |July 24th, 2019|

Can I Refuse to Split the Equity of a Marital Home in My Name?

You can blame Causby's chickens for losing the limitless air rights above your home. The Supreme Court's 1946 decision1 set an upper limit to those rights (usually no more than 1,000 feet), but it was Thomas Causby's chickens that led to the order. His chickens, terrified at low-flying airplanes, ran themselves to death in a flight or fight reaction (sorry about ...

By |January 18th, 2019|
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