Sunday, April 20, 2014
Divorce Attorneys Loudoun Virginia Equitable Distribution Marital Property
If you are dealing with a divorce in Virginia or
about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax
Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a
lawyer today about your Divorce Case. An
attorney from our firm will do his best to help you.
We will do our absolute best to help you get the
best result possible based on the facts of your case. Our law firm has the necessary experience to
assist you with this matter.
Victor v. Victor
Facts:
First, the Loudoun court did not err in finding that the
plain, unambiguous language of the prenuptial agreement required that it be
incorporated into the divorce decree. However, it erred in concluding that the parties
intended that the agreement was to govern the distribution of the wife's house
and a condominium in the context of divorce. The disposition of both pieces of
real property was addressed, but specifically in the context of the death, not
divorce. No provision in the agreement expressly excluded the parties' real
property interests from equitable distribution pursuant to § 20-107.3.
Likewise, the trial court failed to value the limited partnerships and limited
liability companies, and failed to include funds the wife withdrew from marital
funds as marital property. The trial court did not err in concluding there were
no tax consequences to consider in making its award, in concluding that husband
failed to meet his burden of proving a second condominium was his separate
property, in classifying certain stock as the wife's separate property, or in
concluding that a vehicle remained the wife's separate property because she
purchased it before the marriage.
If you are facing a Divorce case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Antenuptial agreements,
like marital property settlements, are contracts subject to the rules of
construction applicable to contracts generally, including the application
of the plain meaning of unambiguous contractual terms. Contract language
is ambiguous when it may be understood in more than one way or when it
refers to two or more things at the same time. But, if no patent or latent
ambiguities exist, a court should enforce the plain meaning of the
contractual language without resort to extrinsic evidence. Whether
contract language is ambiguous is a question of law, not fact. A trial
court's ruling is, thus, subject to de novo review. Under that review, no
deference is accorded the trial court's conclusion regarding ambiguity.
If
you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
Disclaimer:
