Is this considered marital property to be divided?

Asked almost 3 years ago - Virginia Beach, VA

My husband and I separated (not a 'legal separation') while we were separated he purchased a $200,00.00 RV in his name only. He then formed a LLC company in Montana to avoid paying taxes on the RV which he purchased in North Carolina.
When we divorce will I have a claim to 1/2 of the worth of the RV.....and will I be penalized in any way for what he did to avoid paying taxes?
Thank you

Attorney answers (2)

  1. Michael Christopher Miller

    Contributor Level 15

    1

    Best Answer
    chosen by asker

    Answered . Va. Code 20-107.3(A)(2) says, in part, "Marital property is . . . (iii) all other property acquired by each party during the marriage which is not separate property as defined above." Separation is still during the marriage as the marriage continues until the divorce decree is entered.

    Va. Code 20-107.3(A)(2) continues by stating "All property . . . acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed to be marital property in the absence of satisfactory evidence that it is separate property." The code does not provide for the corollary proposition that all property acquired after the last separation is presumed separate. However, that would be the prudent position to prepare.

    Whether the RV could be considered marital property would depend, in part, on the source of funds to purchase the RV. If your husband used a marital savings account for a full cash purchase, then there may be a marital interest to divide. If the purchase was 100% financed with no marital cash contribution, then there is likely no marital interest.

  2. Mary G. Commander

    Contributor Level 16

    Answered . No, you do not "have" to claim an interest in the RV. And if he did all the funny business after separation without your knowledge you should not have tax problems.
    You should talk to a lawyer, however, about the facts of the situation. You still may "want" to claim an interest if he used marital funds to purchase it.

    This answer is for general information purposes, is not legal advice and does not create an attorney-client... more

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