Loudoun County Divorce
Jul 01, 2015OUTCOME: Equal Division of Marital Assets
Ms. Stone Swart represented Ms. H in an equitable distribution trial in Loudoun County Circuit Court. Mr. H petitioned the court to value the marital property at an earlier date, called an “alternate v ... aluation date." Mr. H claimed that because he resided in the former marital residence during the separation period, he should be granted all the equity in the marital residence, and asked the court to value the property as of the date of separation, when the property was underwater and had no equity. Ms. Stone Swart effectively argued that the laws of Virginia support dividing the equity in the property as of the date of trial, and that Mr. H had not met his evidentiary burden by proving that the increase in the value of the property during the separation was due to his efforts alone. The court denied Mr. H’s motion for the alternate valuation date and divided the equity equally as of the date of trial, granting Ms. H one half the current equity in the property.
