s No Spousal Support for Couple with Separate Property

IRA Withdrawal Penalty is Dissipation of Marital Estate

By Deborah Elkins
Published: May 3, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover County Circuit Court says wife’s use of $17,180 from the parties’ IRA was for proper purposes such as payment for attorney’s fees, the children’s college expenses, car repairs and household expenses, but the $5,727 tax penalty she incurred for her early withdrawal of the IRA funds constitutes dissipation of marital assets for which [...]

Kids Grown, Wife Wants to Keep Marital Home

By Deborah Elkins
Published: May 3, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A wife who was a homemaker caring for the parties’ four children during their 37-year marriage gets no spousal support but she will get monthly payment of $4,500 as her share of husband’s pension after retirement from the Secret Service; the Hanover County Circuit Court says wife’s interest in maintaining the five-bedroom marital home so [...]

Living with Wife’s Parents Affects ED Award

By Deborah Elkins
Published: May 3, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

Although husband was the only wage-earner during the parties’ 11-year marriage, as wife was disabled from fibromyalgia and chronic fatigue syndrome, wife financially contributed her monthly social security disability check, and the couple lived with wife’s parents who helped care for her, and the Hanover County Circuit Court awards wife equitable distribution of one-half of [...]

ED Award Accounts for Wife’s Nonliquid Interests

By Deborah Elkins
Published: May 3, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

As husband is majority shareholder of one of the couple’s businesses and managing member of the other, his interests are more marketable than wife’s corresponding minority and non-managing membership interests, and the Hanover Circuit Court awards wife one-half of the difference between the value of husband’s shares and the value of wife’s shares, or $241,690, [...]

Lender Can Sue Defaulting Widow for Unjust Enrichment

By Deborah Elkins
Published: May 3, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

A lender may sue a widow who has defaulted on a mortgage refinance executed by her husband alone, on a theory of unjust enrichment, but the lender may not sue to quiet title or for reformation, specific performance or equitable subrogation, says a Hanover County Circuit Court. Defendant and decedent initially bought their home before [...]

Wife Took Cash, But Did Not ‘Dissipate’ Marital Asset

By Deborah Elkins
Published: April 29, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

Although wife admits to removing $47,000 from husband’s safety deposit box in anticipation of divorce, a Hanover County Circuit Court says this was not dissipation of a marital asset and orders an equal division of the marital property. The marital home is part marital and part separate. The court finds that the $25,000 from husband’s [...]

Conversion Claim Based on Value of Fill-Dirt

By Deborah Elkins
Published: April 13, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Tort, Virginia Circuit Courts

Plaintiff business has stated claims for trespass and conversion against defendant company, which owns and is developing adjacent real estate for a hotel, for the company’s alleged trespass onto plaintiff’s property for excavation and removal of fill dirt, and the Hanover County Circuit Court says the value of the fill dirt, if any, will be [...]

Court Had Jurisdiction for Forfeiture of BMW

By Deborah Elkins
Published: April 13, 2011
Tags: Criminal, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover County Circuit Court denies a petition for return of a 1997 BMW seized pursuant to a civil forfeiture under Va. Code § 19.2-386.22 for its alleged use in connection with a controlled substance or marijuana; petitioner’s claims that he was not charged with the related crime at the time he received notice of [...]

State & County Can Sue for Road Damage

By Deborah Elkins
Published: April 13, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Municipal, Virginia Circuit Courts

In this litigation arising from damages to a road allegedly due to problems with a Hanover County contract for improvements to Hanover Square, a Hanover County Circuit Court says this suit by the county and the commonwealth is timely filed and states claims against the original contractor’s successors in interest. This action arises out of [...]