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Hanover County Circuit Court

May 3, 2011

Kids Grown, Wife Wants to Keep Marital Home

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 […]

May 3, 2011

Living with Wife’s Parents Affects ED Award

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 […]

May 3, 2011

ED Award Accounts for Wife’s Nonliquid Interests

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, […]

May 3, 2011

Lender Can Sue Defaulting Widow for Unjust Enrichment

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 […]

Apr 29, 2011

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

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 […]

Apr 13, 2011

Wife Gets Bigger Share of Marital Property

For a couple who is divorcing after 14 years of marriage, a Hanover County Circuit Court awards wife 60 percent of the marital estate, in light of her greater contributions to the marriage and to the acquisition and maintenance of the marital property. The marital equity in the marital home is $141,875, and wife shall […]

Apr 13, 2011

Conversion Claim Based on Value of Fill-Dirt

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 […]

Apr 13, 2011

Court Had Jurisdiction for Forfeiture of BMW

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 […]

Apr 13, 2011

State & County Can Sue for Road Damage

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 […]

Apr 13, 2011

s No Spousal Support for Couple with Separate Property

At the end of this 10-year marriage between a college-educated accountant wife with separate investment properties, and a husband who has his own plumbing business, a Hanover County Circuit Court denies each party’s request for spousal support. The court also makes an equitable distribution of property. Wife used $58,452.34 of her separate property, proceeds from […]

Mar 31, 2011

Lender Wins Claims for ‘Partial Title Search’

Although an agreement between plaintiff lender and defendant settlement company said the settlement company would provide “partial title searches as shown in public records only,” the lender wins its contract and warranty claims against the settlement company after the company’s post-loan title search on a Norfolk parcel pledged by a principal of the borrower of […]

Mar 30, 2011

Fired head of Moose lodge wins $275K

Carl Wayne Koegler was suspended from his job as administrator of the Richmond East Moose Lodge in Mechanicsville in June 2008 and word circulated that $500,000 was missing. Koegler insisted he had done nothing wrong. In fact, he said the lodge’s bookkeeping improved on his watch, although he had warned the lodge’s board it was […]

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