What determines the division of losses upon the sale of jointly owned home when both parties make the same amount of money?

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What determines the division of losses upon the sale of jointly owned home when both parties make the same amount of money?

Married 7 months. Husband wants divorce. Wife demanding payment of her legal fees and that husband assume all loses on sale of home. Or husband assume house payment and all expenses, lease the home and refinance or sell within 18 months, with husband covering all losses. Husband’s lawyer said since he wants the divorce he has to “suck it up” (sic) and payer her legal fees of $1500 and assume the house losses. They make the same amount of money. There is not other party involved.

Asked on August 19, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that it is time for you to get another lawyer.  Generally speaking, courts do not award attorneys fees unless there are certain situations that have evolved in a divorce action.  Just wanting to get divorced is not really one of them.  And it is my understanding that in Virginia, attorney's fees awards usually are not ordered where the defending spouse's income is substantially similar to or in excess of that of the other spouse.  Now, does your attorney mean you should fold on the fees issue because your spouse will fight you on the divorce and it will end up costing you more?  That could be.  But the issue on the splitting up of the house is very unfair and I do not think that you should agree to the former at least until you speak with someone else.  Good luck.


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