In divorces, people have a difficult time dividing property. Sometimes, the parties can easily agree. Other times, the parties need the court’s intervention to determine the division of property. When property is part separate and part marital, the court’s will frequently rely on the Brandenburg Formula in property division. Thus, the courts will use the formula in determining marital property and separate property with hybrid property.
In Hart v. Hart, 27 Va. App.46, 497 S.E.2d 496 (1998), the Court defined nonmarital contribution (nmc) as equity in the propery at time of marriage, added with any amount spent after marriage by either party from traceable nonmarital funds in the reduction of the principle, and/or the value of improvements made to the property from the nonmarital funds. In Hart, Marital Contribution (mc) was determined to be the amount spent after marriage from other than nonmarital funds in the reducing of the mortgage principle, plus the value of improvements made to the property after the marriage from other than nonmarital funds. The Court was focused on value and not costs. Also, the Court found that Total Contribution (tc) was the total of marital and nonmarital contributions. Equity (e) is defined as the equity in the property at time of distribution.
NONMARITAL PROPERTY=[ (nmc) divided by tc] times e
MARITAL PROPERTY = [(mc) divided by tc] times e
Whichever party claims the property is separate carries the burden of proof. If you have further questions, contact Anthony L. Montagna, III by calling 757-625-3500.
"Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"
"Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."
"Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"
"I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."
"Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."
"Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."
Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.
DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law