Virginia Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

The Cons of Separation If you want to marry someone else, you cannot do that (legally) until you divorce. Financially, you and your spouse may still be entangled in marital property (vacation home mortgage, primary residence mortgage, loans in both names, student loans).

A "separation" is when a couple decides to live apart from each other because the relationship has broken down. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship. A "divorce" is when a court officially ends a marriage.

Even with a separation agreement in place, the parties are not ?legally separated.? Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.

Under Virginia law, once you and your spouse have signed a separation agreement, the court will usually approve it and incorporate it into your final divorce decree. But we don't recommend that you do this on you own.

Virginia, unlike many other states, does not recognize ?separation? as a legal status in a no-fault divorce. Therefore, there is no special designation that you need from the court in order to be legally separated before you seek a divorce.

Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.

There is no legal process to establish ?legal separation? in Virginia. In Virginia, you are separated if you live separately and one of the spouses has formed the intention to separate permanently. Divorce is when a Judge signs an order dissolving your marriage.

While a Virginia couple cannot obtain legal separation, they can be separated but still live in the same home prior to finalizing a divorce.

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Virginia Homestead Declaration following Decree of Legal Separation or Divorce