Real estate law in virginia: My husband has remove his name from India’s Real Property during our divorce process, and after pendent elite order ordered. So , he violated pendente lite order for “ not to remove or dissipate asset” . but he removed his name from property.The husband provided the valuation certificate of this property.His house was in india , first it was on my father-in-law’s name , after his death , after some time the house was transferred on my husband & his brothe
State/Country relating to question: Virginia
Real Estate Law in virginia:
My husband has remove his name from India’s real property during our divorce process, and after pendent elite order ordered. So , he violated pendente lite order for “ not to remove or dissipate asset” . but he removed his name from property.
The husband provided the valuation certificate of this property.
His house was in india , first it was on my father-in-law’s name , after his death , after some time the house was transferred on my husband & his bro
You would have to file a motion for an order to show cause for contempt of the pendite lite order and in the order you would ask for the court to award you your equitable share of the value of that property that he transferred against the order. Additionally, you would ask for attorney's fees as a penalty for him violating the order. Because the property is in a foreign country and the VA court has no jurisdiction over the property in that country, the award of money is all the VA court can give you.
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thanks for reply , but as i informed you , that our trial finishd, appel also finished . and i have filed motion to get relief from the judgement on the grounds of fraud done upon the court.qu.1 ) 1.) i should file motion to show cause , before the hearing of motion to gt relief???2.) should i file that motion before hearing , and to request to heard on the day of hearing of motion to get releif???-----------------------------qu.2 ) once you advised me that " in the order you would ask for the court to award you your equitable share of the value of that property that he transferred against the order. " and then you advised me " the property is in a foreign country and the VA court has no jurisdiction over the property in that country"so i am confuse , that what i can argue to ask for my equitable share , if there is no jurisdiction." so , please advise me .---------------------qu.3) If previousely house was on husband's father's name , and then after our marriage he died , and then this property transfered to the usbadn and to his brother , so do i eligibale to get share on that property??? is this called marital property??? please advise me ...qu.4) please prvide me link of the virginia law regarding this.thanks...
You would file a motion to reopen the equitable distribution settlement if you were not given anything of value for your share in the house if the house was marital property. You file the motion BEFORE any hearings that are scheduled. The court cannot order him to do anything with the property or cannot cancel the transfer of the property. All the court can do because the property is in another country is to award you monetary compensation for your share of interest if it was considered marital property.
waiting for reply................thanks ...but my question is , that property can considered marital or not??? DETAIL : If previousely house was on husband's father's name , and then after our marriage he died , and then this property transfered to the HUSBAND and to his brother , so do i eligibale to get share on that property??? is this called marital property??? please advise me ...qu.4) please prvide me link of the virginia law regarding this.
No, that was an important detail to leave out, it is not marital property because it was an inheritance, which you did not say clearly in the beginning, I am sorry. Property gained through inheritance is not marital property it is separate property. See: Bchara v. Bchara, 38 Va. App. 302, 563 S.E.2d 398 (Va. App., 2002) (inheritance from Finland was wife's separate property).
Thanks fo reply.i am really not sure about that , but i knew that property is my husband and his brother's name. and my marrige length is 11 years . after marriage i lived in that house about 3 years before i came to usa.But , anyway the point is , why the husbadn and his famiy attmepted action to remove his name from the proeprty. i have received all the evidence from RTI ( Rights to information) , that how he removed his name from the property.In trial , the judge had only the question of the value of property. if my attorney would not lied tha the don't know value , despite of value was already submited with the court in husband's file exhibit.so, the judge would consider it in Equitable Distribution.But now , there is hearing of my motion to get releief from the judgement on the grounds of fraud done in the court.so , please advise me , because husband attempted to remove his name from the property...... so , can i do anything in that matter???
If the house was acquired through inheritance, then under VA law it was never marital property unless he put your name on it. The house could remain separate property even if you lived in it. Thus, if the husband got rid of separate property, you would not be entitled to an equitable share of the value of that separate property according to the case law from VA I provided you above. If you cannot prove that the property was marital property, you would not get anything out of that property even if you prove he failed to disclose it, since separate property could be transferred by your husband.
Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
yes , u r right.but , i am not sure that the house was acquired through inheritance. the husband has never told me that , the house was acquired through his father. or he has no evidence to prove that....but i have evidence for the ownership of his in the house. and all the evidence that after pendente lite order , he ran to remove his name from the property.if he is no owner , or if it is not the mater for equitable distribution , then why he will remove his name from that house , and will gave full ownership to his brother???the husband has violated pendete lite order. what do you think??? please advise me ...
The problem is that if you do not know if the house was an inheritance or not, there is no way for us to know either. You bear the burden of proving that the house was acquired during the marriage as marital property in order to be entitled to any equitable distribution for the value of that property. If you cannot prove it was marital property, he did nothing wrong in transferring separate property unless the court order said he could not alienate separate property.
Thanks for your answer which i accepted with informatiove andhelpful advise.here is other question:-------------------
Wednesday, June 27, 2012 10:13 AM EST
As per my case , my ex-husband conspired with my attorney and he worked against me and supported to husbad on all wrong way and cheated with me .
so to snatch all my money since 2008 , the husband wrongly blamed me for dissipation of marital fund and file motion to Alternate value date on my 13-14 accouns since 2008.
And to prove that wrong allegation of dissipation of fund , he conspired with my attorney , and my attorney hide and kept away my 17 months evidence of payments , business expense , business credit card records etc.. from the court ,so judge will not able to get any evidence that where my money went ,
· then appeal denied and ordered penalty of husband ‘s attorney fees $9,600
· Then i filed motion to get relief on the grounds of fraud done upon the court.
· and i filed motion to stay of the execution of final decree and appeal's judgement , until my motion to get relief will not heard.
· the husband filed motion to Enforcement of final decree of $39,220 and attorney's fees $9,600.
24th April :
· My motion to stay the execution of final decree and the husband’s motion to Enforcement of final decree – both scheduled and heard together .
The Court Order was if i will post other $13,000 bonds , then enforcement of final decree of monitory award of $39,222 will stay. ( ordered on 24th april
But the judge did not ruled any specific time period to pay out that bonds . there was no any date deadline specified as due date.
11th May :
Because to gather other $13,000 , I applied for credit card for balance transfer or cash advance. But the process time of credit card company will take more then 2 week for full amount balance transfer.
So for precaution,
I filed that information that I am planning to post bonds of $13,0000 at the earliest , but will take may be more than 2 weeks to complete whole process from credit card company for balance transfer. So as soon as the process will complete , I will post bonds of $13,000 to stay the enforcement of the final decree of monitory award and $39,220. I filed that information on 11th may.
29th may :
And then ,after two week the credit card process completed , and I posted bonds on 29th may 2012 of $13,000 along with the order sign for judge to grant motion to stay judgment.
17th may :
In between , the trial court’s judge send us letter on 17th may that the supreme court’s retired judge is appointed to hear my motion to get relief from the judgement of the monitory award of $39,220.
10th june :
And then , after my positing of $13,000 bonds , the judge send me letter that there is no need to sign other order to granting motion to stay judgment , because the enforcement of final divorce decree will automatically stayed with the posting of $13,000 as per prior court order.
Now , the main question is here:
Today in court file , I saw a check of $39,220 payable to husband’s attorney on 25th may 2010.
So what is legally right????
1.) yes , the court did not ordered any due date , so they can take my bonds.
2.) But I already informed to court and opposite party , that I am planning to post 13,000 bonds. But credit card company process will take two week.
3.) And when I filed $13,000 on 29th may , nobody informed me that the husband already took that appel bond of $39,220.
4.) Also judge send me letter that with posting of $13,000 , the enforcement of final decree will automatically stay .
But , the letter came on 10t june , while the husband took my money on 25th may .
So , please let me know , what is legally right & wrong ????
I believe you posted this same question in another thread and I answered it, please go check that other question and we can proceed in there with any follow up questions you may have.See: http://www.justanswer.com/real-estate-law/6ucll-hi-paul.html
can you copy - paste this answer here please ,
I will do so below, but as a word of advice, no offense intended, when you keep opening so many questions it impacts your acceptance rate and many experts will avoid answering your future questions (which many customers do not realize).I said in the other thread:If the case has been stayed pending appeal, then that check to your husband's attorney should not have been turned over to the husband's attorney. I have no idea why they did so. Also, the judge is correct that once you complied with filing the last bond the stay was granted. They should not have released your bond money that soon with that notice and if they have not given the check to the attorney yet, you need to file a motion in the court to prevent them from giving that check over to the husband's attorney based on everything you have stated above.
THANKS for you radvise , i didn't know that , thanks agian .1.) which motion should i file??? what should be the name of the motion. and what should be arguments??
You would have to file a motion in the court to object to the release of the bond to the opponent. In the motion you need to explain that it appears the clerk has inadvertently written the bond check to the opposing counsel and you ask the court to order that check be cancelled and the bond held pending the appeal as instructed upon paying the additional $13,000.
yes , but what should be Motion's name ?? qu.1 ) Motion for Oppose ?? or what ?? can you suggest me please??/qu.2.) is there any legle statue or law to argue that ??? so i can argue strongly???------i called to clerk of the court about this all things.the court answered me that ,1.) theare is a court order that , " The final decree shall be enforced and the appeal bond of$39,220 shall be released , However if I will post bonds of 13,000 then the enforcement of the final decree will be stayed. "2.) But the court order has no any due date or dead line. so the court has discretion to release bonds.3.) I argued that , i already filed a letter on 11th may to informe the court and the opposit party that , i am plannig to post bonds and it is in process. so, why you released the bonds on 24th may.so, the clerk of court told me that , it was just letter -- it was not Bonds. and the court has discretion to take his own decision to release or not release.4. ) Also when , i posted 13,000 on 29th may ,and along with the order to grant my motion to stay execution and enforcement of decree and appeal bond. The letter i received from judge's chamber on 11th june about not sign my order of stay , by informing that " The judge questioned the need for other order. The judge believes that , pursuant to the previous order, your posting of the $13,000 bond automatically stays the enforcement of the final decree without the need for an additional order. as Supreme court's judge has been appointed to hear my motion to get relef from the judgement which procured by fraud. "But the clerk of the court argued with m , that this letter from the judge entered on 11th june , while bonds already released on 24th may after the exact one month of the original order of 24th april.________________________Now , i have explained everything , what do you think now??? what is law says?? what is right and what is wrong acording to law???what step i should take ? And if i need to file motion , so which name of motion ???? please think carefully , and give me proper and legle advise , so i can move further.
No, there is no statute or even name of a standard motion, since it is a non-standard request as it does not happen all the time. Not all motions have actual names. You ask the court in a motion to not release or hold the bond. You have to explain this one to the court and this is just an off the wall situation that you are asking the court to stop based on everything you were told above.
but what do you think??what is right and what is wrong???if i have filed letter to inform them , that i am plannign to post bonds , despite of why the court has released the bonds??? and then when i posted other 13,000 to stay , then no body informd me that they have already released....Also on 11th june judge's letter came , that , with posting the bonds of 13,000 , the enforcement of final decree of $39,000 bonds will automatically stayed.but that time already the bonds were not with the court??? and 13,000 --- counted for the attorny fees $9,600 + 6% interest of 1 year of $39,220. so when they have released my bonds of $39,000 , how they can keep my other bonds of $13,000 with the added interest of next one year for the appeal bonds which is not with court.please let me know , as per you rcosidertion , what is right ... and what is wrong....The judge's ruling is always agaisnt me with prejudice. he always ruled in favor of the husband's atorney . despite of he knew very well taht this monitory award , husband gain by fraud.despite of he will always rule agianst me ... and that's how he did not giv any DUE date for post bonds... adn kept a window open for opposit attorney to take out my money.so , in that situation , if i will not have strong arguments , so defenately thisjudge will rule in favor of husband.---so , that's how , i am keep asking you t give me strong arguments , which legally i can argue , that this is wrong........so please advise me.......
I am sorry, I told you above what is not right and what I think. I think that if the order was written the way you said and you finally posted the $13,000, then the clerk has made a mistake in issuing the check on the $39,000.I do not know enough about your case regarding the strength of your appeal and we cannot review all of your facts in this forum to give you a real solid opinion as to the strength of the appeal. Typically, every party in all of the cases we deal with believe the judge has ruled against them for personal reasons (with prejudice), but until attorneys can actually read the files and see what you presented to the court, we honestly have no way of knowing that, since many times pro se litigants fail to follow the rules of evidence and do not follow the rules of procedure and as such those failures prevent the judge from considering certain evidence. You have a strong argument about the clerk holding the check on the bonds, you just need to ask the court to order the clerk to hold that check through the motion I mentioned above. All a motion means is that you are asking the court something and not every motion has a standard name.
yes , true.But if i will argue about that added interest of 13,000.so may be judge will rule to give me credit back of 1 years interest of 6% from 13,000 . that's all..... nothing else... (As i knew this judge very well)but i don't want that interest back... i want my $39,000 back as bond with the court.*** ) my question is if i have already write letter to the court about informing the process of credit card to post bonds , and informed the court o fmy planning to post the bonds , but becaue the court order did not have any deadline or due date...... the oposite party can release my bonds ???? or the court has abused its discretion????_______i have keep the motion name is :
DEFENDANT’S MOTION TO OPPOSE THE PLAINTIFF’S IMPROPER ACITION TO RELEASE APPEAL BONDS OF $39,220
The answer is that as you have an appeal and that money was all to be held pending appeal, he should order the clerk to hold the check or order the attorney to return it pending the appeal. The problem with your motion name is XXXXX XXXXX argumentative, that is not how law is played and that angers the court.Your motion should be "Motion to Hold or Return Appeal Bond" and in the motion you "ASK" the court nicely to have the $39,000 returned as it was an appeal bond and it was supposed to be held until the appeal is heard. You have to explain in your motion what happened and that the appeal bond should not have been released since you put up the $13,000.
hi paul , waiting for your reply....Thanks.... i am going to accept your answer after this answer.----
Now , other thing , on this same court order of “enforcement of final decree and Attorney fees “
As per appeal court’s decision that I have to pay husband’s attorney fees occurred in appeal . and then the trial court ordered me to pay $9,600. and told to opposite attorney to write order. and she drafted order.
Today , I carefully read this order , so opposite attorney has written In order that “ I should pay appeal’s attorney fee of $9,600 and shall be Paid forthwith.
we had no any discussion of thi hearin of motion about attorney fees for forhwith ( future) .
As i have filed motion to get rleif from the judgement ( which procured by fraud). This judgement agaist me of total of $78,000 agist me , was the result of the husbadn and his attornry has bribe my attorney and both attorney worked together agaisnt me to giv huge monitory award to husband.
so i have file motionto get relief onthe grounds of fraud done upon the court with bunch of evidence.
Now my question is , the opposite attorney has drafted the order adn added the words that , " i should pay his attorney fees forthwith."
which we never discuss to the hearing , nor the judge has ruled .
so can i request to modify this court order???
waht is attorney fees rules?? before hearign of my motion to get releif , before decision against or favor of me ... is theattorey or the cour can rule that i have to pay there atoney fees forthwith??/ despite of this motion is occered only becaue they did fraud to conspre with my attorney and agreed him to work agaisnt me by hiding my 17 months expense evidence.
please advise me....
Forthwith means "Immediately" or "instantly" it does not mean future. That meant the attorney wrote the order saying you had to pay their fees immediately.
oh.... thank god.... i was so scared...the legle language is so complicated.. and confusing...but thanks a lot for clear this....i am going to ACCEPT your answer wih click on 6) Great service.and then i will need your help for other mater too, for my hearing of Motio to get releif.i am giving you my name code : SSSPPP so you will recongnise me in future.-----For my Motion to get relief from the judgementhearing , the court has appointed the supreme court's retired judge for me , so it will be too challanging for me as pro se.----the hearign date is not final yet... so my question is do i need to file motion to schedule the date ... or the court will automaticaly set the date.
Hi paul ,i am sssppp.thanks for all your answers.Now i need one urgent answer , as i have court date for this tuesday.-------------------
Traffic law :
I was on traffic light , and i saw that cop is behind me seeing me , i became alert , because i saw through mirror he was watching me since signal stop.
Then , on green lights , i turned on left ,the cop also followed me b turning left , i was watching him from mirror that he is following m e, so i was very careful in driving , in speed limit , because i don't want to give him any reason to stop me .
Despite of , he stopped me , then i asked the reason , and he told me that i was over speed... i informed him that i was not in over speed because i knew that he was following me since traffic light , so i was very careful .
but because , he wants to stop me any way , and he accused me for speed limit , and he gave me ticket for speed limit.
after some days , i found online that the charges i have to pay is $186 for that wrong accuse of speed limit.
and then i decided to go to the court to dispute on trial date for wrong to the court instead paying. Because i am not agree with this wrong speed ticket???
but unfortunately i forgot this date to appear in court , and then i received a letter from court to pay $246 , othervise my license will suspended on 26th jun .
i called to court , then they told me that , you passed out the 10 days appeal period . i didn't know about that 10 days appeal period.
i am not agree with this wrong speed ticket??? the clerk of the court told me that come to the court and file motion to continue ,
then I wen to the court on 26th june , because it was due date for suspension of my license , I paid there $246 that time .
But along with I filed motion to continue case , to hear my arguments.. Along with I attached a letter which came from common wealth of virginia for congratulate me that i did not received any ticked since last 18 months... as the proof of my clear record to make reduce the amount of fine?
And It schedule to this Tuesday.
My question is ,
qu.1) which arguments i can do to the court , through that motion to win my case , and to dismiss that wrong speed limit?
qu.2)what can I argue to reduce my charges ?
qu.3) can i get help through insurance company??
please advise me what to do ???
thanks in advance...
1) I am afraid your insurance company will not help you here.2) If you have never been in traffic court, it is very tough for a defendant to win, since the courts are there to make money for the commonwealth and it is your word against the officer's word and the courts take the word of the officer.That said, you have a little bit of a different twist since you had just left the traffic light and all you will be able to do is present that evidence to the court.3) It sounds here like you are receiving the minimum fine with the exception of the fact that you did fail to appear and failure to appear unless it was more than you "just forgot" to show up, as courts do not like to be told someone forgot about them, they consider it disrespect to the court. Thus, to get the fine reduced you will have to convince the court that you had good cause for missing.You may also get lucky and the officer who wrote the ticket will not show up in court and then you can ask the court to dismiss the charges against you and they will if the officer is not present.
Thanks for perfect answer...but how i can show the court that i just turned left , and he was following me??is ther eany other strong arguments can i do ?? as i attached a evidence of a lettter from common wealth of viginia for congratulate me for good driving as i did not received any ticket since last 20 months.
All you can do is your word against the officer's word, since you have no actual witnesses. Unfortunately, in these cases there are very few "strong" arguments, except in the fact that if he did not use radar on you, then you would have to attack how he actually determined you were speeding and that would be done by questioning him on the stand. You would question him about when he first observed you and if he observed you stopped at the light and making the turn. This is how you establish what happened and he would have to explain how he calculated your speed to determine you were speeding.
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