--Rob Hagy, Charlottesville Divorce and Equitable Distribution Lawyer. For help with your property or debt distribution issues, please contact me at (434)293-4562 or email me at [email protected].
In the case of Hughes v. Hughes, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court erred and reversed the trial court's equitable distribution award and remanded the case for the trial court to reconsider the equitable distribution of the parties’ property and debt. Wife was granted a divorce from husband in 2010. When the parties separated, they had significant joint debts, in the form of mortgages and a home equity line of credit (HELOC), encumbering the marital residence. Much of the debt was used to finance a business run by both parties during the marriage. Husband continues to operate this business. Shortly after the divorce proceedings began, and before the trial court addressed equitable distribution, husband filed for bankruptcy. Pursuant to 11 U.S.C. § 362, the court stayed the equitable distribution hearing during the bankruptcy proceedings. In bankruptcy, husband discharged his obligations to the creditors who held the mortgage and home equity line, leaving wife solely responsible for the entire obligation to their third-party creditors. After a hearing on equitable distribution, the trial court granted wife the marital residence and granted husband possession and control of the business. In granting wife the marital residence, the trial court noted that it “has no value in excess of the liens currently against it,” i.e., the marital residence had a negative equity. The trial court stated that the negative equity was in the amount of $100,000 to $150,000. However, when the trial court specifically turned to the issue of debt, it apportioned only two credit card debts. The trial court properly classified the marital residence as marital property and properly valued the marital residence. However, the trial court failed to properly account for or apportion the mortgage loan or the HELOC. Further, it failed to take into account the negative equity in the marital residence in arriving at its equitable distribution award. “[T]o the extent that a valid indebtedness which is secured creates an encumbrance on the legal title, that indebtedness must be considered by the trial court in determining the value of the marital property for purposes of determining the amount of the monetary award.” Trivett v. Trivett, 7 Va. App. 148, 151, 371 S.E.2d 560, 562 (1988). At the time of the equitable distribution award, the marital residence was encumbered by the mortgage and HELOC. The trial court failed to consider these encumbrances in determining the value of the marital property and the apportionment of marital debt. Therefore, the trial court misapplied the statutory mandate contained in Code § 20-107.3 and, in doing so, abused its discretion.
--Rob Hagy, Charlottesville Divorce and Equitable Distribution Lawyer. For help with your property or debt distribution issues, please contact me at (434)293-4562 or email me at [email protected]. 2/25/2018 02:15:33 am
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Susan Christian
8/1/2021 06:30:06 am
Hello to everyone out here, I am here to share the unexpected miracle that happened to me … My name is Susan Christian , I live in London, UK. we got married for more than 9 years and have gotten two kids. thing were going well with us and we are always happy. until one day my husband started to behave in a way i could not understand, i was very confused by the way he treat me and the kids. later that month he did not come home again and he called me that he want a divorce, i asked him what have i done wrong to deserve this from him, all he was saying is that he want a divorce that he hate me and do not want to see me again in his life, i was mad and also frustrated do not know what to do, I was sick for more than 2 weeks because of the divorce. i love him so much he was everything to me without him my life is incomplete. i told my sister and she told me to contact a spell caster, i never believe in all this spell casting of a thing. i just want to try if something will come out of it. i contacted Dr Emu for the return of my husband to me, they told me that my husband have been taken by another woman, that she cast a spell on him that is why he hate me and also want us to divorce. then they told me that they have to cast a spell on him that will make him return to me and the kids, they casted the spell and after 1 week my husband called me and he told me that i should forgive him, he started to apologize on phone and said that he still live me that he did not know what happen to him that he left me. it was the spell that he Dr Emu casted on him that make him come back to me today, me and my family are now happy again today. thank you Dr Emu for what you have done for me i would have been nothing today if not for your great spell. i want you my friends who are passing through all this kind of love problem of getting back their husband, wife , or ex boyfriend and girlfriend to contact Dr Emu ,if you need his help you can contact him through his private mail: [email protected] or you can contact him through his website https://emutemple.wordpress.com/ fb page Https://web.facebook.com/Emu-Temple-104891335203341 and you will see that your problem will be solved without any delay. Comments are closed.
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ABOUTI am a divorce and domestic relations attorney located in Charlottesville, Virginia. I practice in all of the cities and counties making up Central Virginia (Charlottesville, Albemarle, Buckingham, Greene, Fluvanna, Orange, Louisa, Goochland, Nelson). I also appear in Waynesboro, Stanton, Augusta, Harrisonburg, Amherst and Lynchburg. I am also available to consult or appear with clients throughout the rest of Commonwealth of Virginia and even other states if their rules permit my appearance. Archives
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