My separated wife and I own a home in Virginia. She moved out of the house in June of 2000. I have made all of the mortgage payments which include taxes, insurance, etc.. As well as upkeep and improvements since that date. When we get an official divorce in Virginia, is there some level of credit given to me for the 7 or more years that I have done that? Is there some point that she would be considered to have abandoned the property? The kids will be over the age of 18 and in college and there are no other appreciable assets when the process is started.

Thanks!

Hope to hear from you soon!

Division of marital property is a negotiation. What your attorney should do is figure out the value of the property and the amount of equity in June of 2000. Divide that by half and that should be her share. Now whether her attorney will allow that or whether the courts will is another story. But that would be my bargaining point.

Any and all money earned, saved, spent, gifted, burned, etc. etc. is just that while married. Money, property, investments etc. you owned prior to marriage remains yours as long as you didn't bring part or whole of same into use. Separation does not change the rule. In a divorce, all property, investments, cash, etc. produced by either party will simply be split in half. If your wife is not working, the courts will provide her and any children with monthly financial support which you will be so directed to provide. On the other hand if she has a job and is responsible for her financials then your role will change. Best wishes to all.