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If only my husband files for ch7 in the state of VA, is our home (owned jointly- I am not filing) safe? we were assured so...
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Answered on February 10, 2010
When real property in Virginia has been conveyed to a husband and wife as tenants by the entirety with the common-law right of survivorship, in...
Can I contest a separation agreement that I feel I signed under duress?
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Answered on February 07, 2010
A separation agreement is a contract which, like any other contract, can be set aside as void if obtained by fraud or duress.
A Virginia court...
Archived
Can a bank go after person's savings and assets if he forecloses in virginia
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Answered on February 05, 2010
Mr. Press is entirely correct.
Although the bank may be able to go after your friend's assets, there are federal and Virginia statutes that...
Archived
Does my wife have to get out of my business when we get divorced?
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Answered on February 04, 2010
You and your wife can settle your differences, including the disposition of your business, with a separation agreement or property settlement...
Archived
I have contracted with a divorce attorney to handle my case. I have not heard from her in 2 months - Do I continue to send pymt
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Answered on February 04, 2010
Under the Virginia State Bar's Rules of Professional Conduct, your attorney has an ethical obligation to keep you reasonably informed about the...
Archived
Both 1st & 2nd mortgages were discharged, can I surrender the house?
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Answered on February 02, 2010
Assuming you received a discharge in your 2008 Chapter 7 case, the mortgage debts existed at that time, and you have not reaffirmed or entered into...
Archived
Forclosre to begin Feb. 17 do I still have time to file for chapter 13. what if I am married?
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Answered on February 01, 2010
You must file bankruptcy before the foreclosure auction takes place to stop the sale. You should also complete your credit counseling prior to...
Archived
My wife is willing to sign a legal agreement stating if we divorce she is not entitled to my retirement. Is this legal?
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Answered on January 30, 2010
Virginia Code Section 20-155 authorizes the use of marital agreements in Virginia. With a properly-prepared prenuptial agreement, marital...
Archived
I got a divorce and my husband fought for the house, heading to foreclosure do I file for bankruptsy now or after?
James's answer
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Answered on January 30, 2010
Virginia is a nonjudicial foreclosure state permitting the use of Deeds of Trust so there is usually no "judgment of foreclosure". The timing of a...
Archived
If we r gettin a divorce & the house & car r n both names, she is not payin the pmnt, how can I take possession?
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Answered on January 24, 2010
When two parties are on title to property, both have equal rights to the incidents of ownership including possession, unless the parties have...