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GettingNervous
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Reged: 10/22/10
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Loc: Virginia
Does ex have rights to property
      #700409 - 10/22/10 04:05 PM

I'm in the middle of a divorce in Virginia. We have been married for 21 years, we have one adult and two minor kids.
Property #1: When my grandfather died, my sisters (I have 2), and I inherited his home along with my uncle. My sister bought out my uncleís share, splitting the entire home 3 ways between us kids. Owned, no mortgage.
Property #2: A vacant lot that my parents bought years ago and have gifted it to one of my sisters and myself. Owned, no mortgage.
Property #3: My parents home that they are currently living in. The other sister and myself are on the deed as owners. Again gifted to us. Owned, no mortgage.
Property #4: A home I built for my wife and family 15 yrs ago, there is a mortgage that is about 50% of the recent appraisal.
Here is the problem. About the time I was building the family home, my wife had an admitted affair. We filed for divorce, but decided because of a disabled child we needed to work it out. I went ahead and gifted properties 1, 2 and 3 to my sisters and to take my name off of the deeds. I didnít want my wife to be able to get her hands on those properties if we should split in the future. Well the future arrived and we have split. My question is does she have any rights to the first 3 properties? I made no financial gain with them when I gave my shares to my sisters. Does anyone out there know if she can come back looking for her ďshareĒ of the homes from 15 yrs ago when I was removed from the deeds? And will it be in todayís monies or monies of when I was removed? Any comments are welcome. Just want to know what Iím up against.


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GettingNervous
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Reged: 10/22/10
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Loc: Virginia
Re: Does ex have rights to property [Re: GettingNervous]
      #700410 - 10/22/10 04:09 PM

All properties were put in my name after we were married. I forgot to mention that.

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BeachBabeRN
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Re: Does ex have rights to property [Re: GettingNervous]
      #700437 - 10/22/10 05:41 PM

I don't see an issue with this, you gifted the properties and what your siblings do with the proceeds is really not your ex's business --

I'm pretty certain these won't be considered marital property but you need to check with an attorney.


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d2njti
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Re: Does ex have rights to property [Re: BeachBabeRN]
      #700440 - 10/22/10 06:44 PM

Stop gifting properties. It has very bad tax consequences and complicates ownership and liability. What if one of your sisters has an accident that exceeds her insurance limits? The resulting law suit goes straight to the property in her name. Parents and whomever else thinks they have a right to that house are out of luck.
That being said:
P#1 is off the table. It's inheritance and gifted away to to sis. No way to touch it.
P#2 & #3 probably the same since you don't own them. It's possible to argue that it was at one time marital property that you dissipated, but it's a bit of a stretch.
P#4 is marital property. She gets 50% of the equity.


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GettingNervous
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Reged: 10/22/10
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Re: Does ex have rights to property [Re: d2njti]
      #700499 - 10/23/10 12:20 AM

Thank you for your input. I feel a little better. I will see what an atty has to say and will post the results. I'm just worried because in this great Commomwealth of Virginia, the woman generally gets what she wants.

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BeachBabeRN
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Re: Does ex have rights to property [Re: GettingNervous]
      #700506 - 10/23/10 07:23 AM

I'm in Virginia and that isn't always the case --

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GettingNervous
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Re: Does ex have rights to property [Re: BeachBabeRN]
      #700512 - 10/23/10 08:55 AM

Up to this point she has. For the custody of the 2 kids she has been able to push the final hearing off for over a year. I'm paying child support and she has custody until hopefully a judge will assign visitation so I can take the kid out for a day without the stbx tagging along. Wanted to take them to a cabin for vacation this past summer she said not unless she could go. Needless to say no vacation for the kids this summer. How sad is that. There was a date set in the begining of August, was puahed off to the beginning of November. Then pushed off for 2 weeks later. Now it's been pushed off till the beginning if January. I work out of town a lot an I know she's screwing with me and there's nothing I can do. The judges don't want to hear about my problems. Basically what I've been told is "if you want to see your kids, then deal with it". And that's the world I live in rigt now. Ugh!

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finz
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Re: Does ex have rights to property [Re: GettingNervous]
      #700677 - 10/24/10 07:50 PM

You didn't get any visitation in the temp custody arrangement ?

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GettingNervous
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Reged: 10/22/10
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Loc: Virginia
Re: Does ex have rights to property [Re: finz]
      #701023 - 10/25/10 08:07 PM

The only visitation I am entitled to is when the stbx says I can have it. The judge just keeps putting it off hearing after hearing after hearing. We've been to court over this 4 times and the only thing that has been settled is the amount of child support I have to pay and that I can visit my kids at her house or if she tells me I am allowed to take them someplace else. I can not take them to see their grandparents because she won't let me. We had a court date set for November and I received notice from my attorney that she or her attorney has pushed it off till January. How can they keep doing this? It has all been pushed up to a higher court because the lower court judges wouldn't make a ruling. This has been going on for over a year. I still believe that men in the state of Virginia donít stand much of a chance to get a fair hearing in any of this. Be it child custody or in the divorce process. Nothing me or my attorney has said or done seems to make a difference. Itís all about my stbx. She tells my kids that Iím a deadbeat dad because I donít visit as much as I want to because I have to deal with her. I call to talk to the kids and she wonít put them on and I have to listen to her. I have to be nice or she can keep my kids away from me until the courts decide something. Is all of this unusual or is this the norm? Thank you all for listening to me rant.

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finz
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Re: Does ex have rights to property [Re: GettingNervous]
      #701083 - 10/25/10 10:48 PM

I think that arrangement is unusual.....and damn unfair !

I don't have direct experience with this issue yet, so I'm just going off what I read here and common sense, but that is total bs


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