Notwithstanding the current real estate market, for many couples going through a divorce, the home they purchased during their marriage is still their largest asset. Broadly speaking, dealing with that home during a divorce is relatively straightforward: one party will keep the home or both parties will agree to sell it.
Selling the home presents all of the typical challenges associated with that task coupled with the complications of a spouse who may less than keen on cooperating. When will the home be listed and who will list it? What will be the reasonable sales price? How aggressively will it be marketed and what repairs will be necessary? And, perhaps most importantly, how will the proceeds of the sale to be divided between the parties? A well written property settlement agreement will choreograph these aspects of the sale and many, many others.
One party keeping the home typically involves a refinance. At refinance, the party keeping the home obtains a signed deed from the other, thereby consolidating title ownership of the property. In exchange for that deed, the party leaving the home is paid a share of the equity existing in the home. Like more traditional refinances, the party keeping the home must qualify for refinance by, among other things, demonstrating sufficient credit, income and ability to maintain the mortgage after divorce. Assets or streams of income (such as alimony) obtained during the divorce may assist in that regard.
If you have questions about how the Court will treat your home or how the sale or refinance can be properly structured for purposes of divorce, please feel free to drop me a line. In my next post, I will discuss two of the more common methods used by courts to distribute equity in a property where one of the parties has made a significant, separate contribution to the property such as a separate down-payment.
Jason A. Weis, Esquire – Curran|Moher P.C. – firstname.lastname@example.org – 3554 Chain Bridge Road, Suite 100, Fairfax, VA 22030 – 571-328-5020.
How’s that for a title to a blog post? I am a “red-blooded” American man who enjoys sex. In fact, I enjoy it quite a bit. Lately, however, I’ve wondered whether sex has been blown a bit out of proportion.
It’s becoming increasingly difficult to live in today’s world without being bombarded by sex. It’s everywhere. Open a magazine and count the number of sexually suggestive images you see. You’ll find them, not only in articles about sex, relationships, dating and such, but also in advertisements for everything from high fashion to vacuum cleaners. Turn on a radio and count the seconds until the DJ offers some sexual innuendo or plays a song with overt sexual references. Turn on a television (almost any channel) or search the web (almost any search) and you’ll quickly find your way to attractive people doing sexually suggestive things. Perhaps more so than any other time in our history, sex assails us. Sex sells.
How does this sexual onslaught impact marriage and family law? Who knows? I have more family law clients coming in with issues with relating to sex. Of course adultery is a common issue for every divorce lawyer, but more and more I get questions like:
“How often should I be having sex?”
“Can anything be done if sex with my spouse isn’t good?”
“What if my spouse wants unusual or uncomfortable sex?”
In my experience as a divorce lawyer and after meeting with many, many unhappy spouses, here are two takeaways relating to sex:
1) Neither marriage nor sex is what you see on television. It’s a simple, but important point. Don’t compare your marriage or your sex life to what you see on television or read about in magazines. With due respect, you’re not as good-looking, wealthy or well-adjusted as the fictional characters of your favorite show. Surprise: the actors are acting. They get paid to work out and they wear lots of make-up. The things they say are perfect because both sides of their conversations are scripted. The sex they are pretending to have is marvelous and yours would be too if a 20-person crew worked for hours to get the lighting, candles, breeze, music, rose-petals and camera angles just right. They also do multiple takes and a lot of editing. Your marriage isn’t broken if you’re not having “movie-star” sex.
2) Sex is pleasurable, but so are many other things. How about your favorite home-cooked meal coupled with your favorite drink? How about making a bunch of money? There is pleasure in coming home to a clean house, having a good conversation, and just being with someone who knows you really, really well. There is pleasure in working out, challenging yourself at work and/or accomplishing things with your children. Give appropriate weight to all of the things that make you happy. Too often divorce clients come in focused only on sex; they are too eager to cast off their marriage for the prospect of mind-altering sex every night. Trading all of the comforts and benefits of your current marriage for a more agile sex partner may not be a trade you want to make.
My experience and background reflect the hallmarks of success one must demand of a lawyer in Northern Virginia’s legal landscape. As a native of this area, I have here focused my practice on providing sound and balanced representation to clients navigating the difficult legal waters of family law, including contested divorce, custody, visitation, spousal and child support, and equitable distribution. More >>>
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Thank you for taking the time to read this blog. I hope you find the information here as enjoyable to read as I find to write. Please note that reading this blog does not create a legal relationship between you and Jason A. Weis, Esquire or any other attorney associated with familylawva.com. Moreover, all postings on this blog are merely attorneys' commentary on the state of family law in the Commonwealth of Virginia. THE POSTINGS ARE NOT LEGAL ADVICE – if you have a legal issue or question, I strongly encourage you to contact a lawyer. I would be pleased to refer you to someone if I am able.