Virginia Fairfax County Divorce Tenant Entireties Jurisdiction Lawyers Attorneys

Virginia Fairfax County Divorce Tenant Entireties Jurisdiction Lawyers Attorneys

by

Atchuthan Sriskandarajah

James Wallet v. Willard Peter

Facts:

James Wallet, administratrix of the estate of her father, John Peter contests the divorce court’s resolution of a dispute over the entitlement of her mother, Ana Peter, to certain funds being held in escrow. After Peter filed for divorce, she and John agreed to sell the marital residence but could not agree on the distribution of the proceeds from the sale. The divorce court ordered the funds to be held in escrow pending equitable distribution proceedings, but John died before the divorce proceedings could be completed. Peter then moved the court to order the funds disbursed to her. As administratrix of John’s estate, James intervened and objected to the disbursement. The Circuit Court of Fairfax County held that “title” to the funds passed to Peter because the property had been held by the parties as tenants by the entireties. Appellant administratrix sought review of the judgment.

Issues:

Whether the trial court erred in holding that it had jurisdiction to determine entitlement to the escrowed funds in the divorce proceeding following the husband’s death?

Whether the trial court erred in holding that the funds were property held by the parties as tenants by the entireties?

Discussion:

The Court held that although the divorce court initially acquired jurisdiction in this case, that jurisdiction abated on John’s death, a fact recognized by the trial court. Despite that abatement, however, the trial court concluded that it “retained in rem jurisdiction over a fund specifically created by a valid order of this Court.” We disagree that the trial court had jurisdiction to determine entitlement to the funds. The court’s jurisdiction or authority was limited to transferring the funds to a court with jurisdiction. The trial court’s order that the funds be paid to Peter was a determination of property rights of the parties beyond the divorce court’s jurisdiction. Because we hold that the trial court lacked jurisdiction to determine entitlement to the escrowed funds, we do not consider whether the court erred in holding that the funds were properly held as tenants by the entireties rather than as tenants in common. We vacate the order of the trial court and remand the case with direction that the court transfer the funds to a court where proper administration of the estate of John Peter may be or a court where proceedings may otherwise be filed to adjudicate the issues.

Conclusion:

The court vacated the order of the trial court and remanded the cause with direction that the court transfers the funds to a court where proper administration of the estate of the husband was to take place.

Disclaimer:

These summaries are provided by the

SRIS Law Group

. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in

Virginia

, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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