Wednesday, December 8, 2010

Legal Tip: LGBT Joint Property Division

Gay and Lesbian relationships are in most ways unrecognized by Virginia law.  As a result, not only is there no provision for gay marriage – there’s no provision for gay divorce.  Ending a long term relationship in which there are substantial jointly held assets can be a huge problem.  A partition suit is one way to accomplish the division of property, so that everyone can move on with their lives.   Partition can apply to personal property, but is more commonly used to force the sale of jointly owned real estate, particularly if there is substantial equity.  If you are stuck in a loveless same-sex mortgage, a partition suit may be the way out.

As usual, every situation is unique. You should always consult a Virginia attorney to find out the full details.

Please don't hesitate to contact me if you have questions or need legal assistance.

Andre A. Hakes
Tucker Griffin Barnes P.C.
Charlottesville, Va

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