Summary
The user is going through a divorce in Virginia and has concerns about child custody and property division. The users wife inherited a property during their marriage, which was improved using funds from the users father. The user and his father have a written agreement for repayment of these funds. The wife verbally agreed to this arrangement in the presence of the users father. In Virginia, verbal agreements can be legally binding if they can be proven, and the users father can testify to the wifes agreement if needed.Full Conversation
Divorce
I'm sorry to hear that, ****. Are there any children or property involved in this divorce?
Yes
What is the state you are currently residing in? This will help me provide you with the most accurate information regarding divorce laws in your area.
Virginia
What is the current living arrangement for the children? In Virginia, child custody decisions are based on the best interest of the child.
With me
In Virginia, courts consider the child's primary caregiver and the parent's ability to meet the child's needs. Is there anything else I can assist you with?
I have a property issue
What is the nature of the property issue you're facing? In Virginia, marital property is divided equitably, but not necessarily equally.
We have been married for almost 17 years she had a property give to her through an inheritance we took possession of it during marriage
Did your wife inherit the property before or during your marriage? In Virginia, inherited property is usually considered separate, unless it's been commingled with marital assets.
During our marriage
In Virginia, inherited property is typically considered separate, even if received during marriage. Did you contribute to its upkeep or improvement?
Yes paid for the upgrades and have been paying the bills here ever since
Did you use joint marital funds for the upkeep and improvements of the property? In Virginia, if marital funds were used, it could potentially change the property's status from separate to marital.
No I used funds that I had she was not involved
Did you acquire these funds before or during your marriage? In Virginia, funds acquired during marriage are typically considered marital property.
My father paid for everything through me and I have to pay him back
Did you have any agreement with your father about the repayment of these funds?
Yes I have to pay him so much a month
Is there a written agreement for this repayment plan with your father?
Yes
In Virginia, written agreements can be considered legally binding. Did your wife have knowledge of this agreement?
Yes
Did your wife agree to this arrangement or was she against it?
Agreed because she wanted
Did your wife sign any documents or agreements acknowledging her consent to this arrangement?
It was between me and my dad but she was there
Did your wife explicitly express her consent to this arrangement in any form, verbal or written?
Yes you had to agree because that's the only way we had new appliances and everything done to the house he paid part of the taxes off to get the house started everything
Did your wife's agreement to this arrangement involve any form of written consent or was it purely verbal?
She was there when it was decided
Did she sign any documents or verbally acknowledge her agreement in the presence of any witnesses?
All hers was verbal in the presence of my dad
Did your father, who was present during the verbal agreement, confirm your wife's consent?
Yes or he wouldn't have done anything
In Virginia, verbal agreements can be considered legally binding if they can be proven. Can your father testify to your wife's agreement if needed?
Yes
In Virginia, verbal agreements can be legally binding if they can be proven. Your father's testimony could be crucial in this case. Is there anything else I can assist you with?
No
Is there a specific question you have about the division of property in a divorce in Virginia?
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