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The business and other assets appear to be marital assets subject to equitable distribution
by a court. There is no five-year requirement. His mother may be joined as a third-party defendant in your divorce to recover assets transferred to her name.
Here is why.
Virginia is an equitable distribution state. This means that in the event of a Virginia divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court.
Separate property (not subject to property division) includes inheritances, property owned before the marriage
, personal injury awards, and gifts given to only one spouse.
Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.
An "equitable distribution" means fair, not equal although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.