Forms to submit prior to Divorce Trial.

Lawyers.com offer general information and not legal advice.  You will need to consult with an experienced family lawyer in your area to discuss the matter and obtain legal advice applicable to your particular case. As a general rule, please note that "all property" acquired during a marriage is considered "marital property," and will be subject to distribution by the court. If an annuity or house was acquired during the marriage, the court will treat it as marital property and divide it consistent with the statutory scheme set for in Virginia Code 20-107.3.  Although your home is in your name, the court wants to know if you used money acquired during the marriage (your paycheck) to pay the mortgage.  If so, this raises questions regarding your spouse's equitable interest in the home.  Additionally, when did you acquire the house?  Did you own it prior to marriage or did you acquire it during the marriage?  What was the source of funds used to purchase the house?  Although the property may be titled in your sole and separate name, this does not override any equitable interest the other party may have, if marital funds were used to pay down the mortgage.  Because there are several issues that must be resolved before more information can be provided, your question cannot be answered in this forum.  It is recommended that you consult a lawyer to discuss your rights in greater detail.  Most lawyers charge for an initial consultation, which is usually billed at the lawyer's hourly rate.  Therefore, it is important for you to clarify the payment policy before making an appointment to avoid any misunderstandings or confusion, given your current financial situation.  Best of luck~