Domestic Relations – Show Cause Petition – Real Estate Sale

A Fauquier County Circuit will hold a show cause on husband’s petition alleging wife has sold real estate to a third party in violation of the final divorce decree, and the court also has referred this matter to the commonwealth’s attorney.

The court has concluded that should the allegations prove correct, then wife could be held in criminal contempt for her actions. This is based upon the presumption that she would be unable to rectify the violation by conveying the real estate to the trust. When this fact is coupled with the unique character associated with real estate, monetary damages would not suffice to repair the harm and hence she would not be in a position to fully purge her contempt.

The court further observed that prior to the divorce adjudication, wife valued this property at $419,000. Considering that her half would be worth approximately $210,000 by her estimate, the court believes these actions rise beyond the level of petty contempt and thus she could face a potential sentence in excess of six months.

Consistent with Steinberg v. Steinberg, 21 Va. App. 42 (1995), and Powell v. Ward, 15 Va. App. 53 (1993), the court refers this matter to the commonwealth’s attorney for prosecution and will take the other appropriate procedural steps.

Cavanna v. Cavanna (Parker, J.) No. CL05cv0152-01, Sept. 19, 2008; Fauquier County Cir.Ct.; Joseph A. Condo, Robin C. Gulick for the parties. VLW 008-8-226, 2 pp.