James H. Wilson Jr.

I assist clients with legal problems in the areas of bankruptcy, divorce, wills and trusts, and probate or estate administration. I am an experienced trial lawyer and have been a member of the Virginia State Bar since 1987. While I am glad to help clients settle their legal matters expeditiously and at the lowest costs to their satisfaction, I welcome the opportunity to litigate contested matters when settlement is not an acceptable option. I particularly enjoy the interplay between different practice areas, and have helped clients with both marital or divorce problems and financial problems such as bankruptcy, or family problems and probate or estate administration needs. I was graduated from the University of Virginia in 1984 with a B.A., and from the University of Richmond School of Law in 1987 with a J.D.

I am happily married with two sons at home. In my spare time, I enjoy spending time with my family, hiking, reading, chess, and sailing.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Probate

Probate Administration, Probate Litigation, Will Contests

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Elder Law

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

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Virginia

James H. Wilson, Jr., Attorney & Counsellor at Law

Current

University of Richmond School of Law

J.D

1984 - 1987

University of Virginia

B.A | Foreign Affairs

1980 - 1984

Virginia State Bar

Member

Current

Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections

Henrico County Bar Association

Member

Current

Richmond Bar Association

Member

Current

Activities: Bankruptcy Law Section

Q. My husband and I were together but not married when we bought our home in 2010. Now married, am I entitled to equity?

November 8, 2023

A: Equitable distribution is a 3 step process in Virginia. First, the judge classifies all property as marital, separate, or hybrid - a mix of marital and separate. The judge also classifies debt as marital or separate. Second, the judge gives a valuation to all items of marital and hybrid property. Third, the judge performs an equitable distribution of property and allocation of debt.

Title does not control the classification of property, although it may create presumptions. A presumption affects the burden of proof, who must prove something to overcome the presumption.

Property that was originally separate may become marital or hybrid through transmutation. If a property is originally separate, and nothing is done with it during the marriage to change its character, it remains separate. This could include passive appreciation. Any time a spouse devotes efforts toward the increase in value of separate property, or production of income from separate property, that increase or income can become marital property. That is because marriage is considered an economic partnership. Each spouse contributes his or her good faith efforts to the good of the partnership. To the extent that a party attempts to enrich himself or herself at the expense of the partnership, the fruits of those efforts become marital property.

If marital funds, for instance postnuptial income, are used to pay down financing secured by a property, that gain in equity could be classified as marital property. The appreciation in value of property used or treated as marital property, for instance, the marital residence, could similarly be classified as marital property.

As equitable distribution can be a complex process, anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer. ... Read More

Q. If the judge says he's not going to hear a case for modification only the case for contempt then makes a ruling on both

October 27, 2023

A: Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the order is interlocutory or nonappealable at the time, or appeal to a higher court. Trial work is an art, not a science, and the best trial lawyers try to persuade the judge to their clients' position. The best trial lawyers are rather likable. Openly opposing the judge, appearing antagonistic or disrespectful in arguments, and/or complaining about how he or she runs his or her courtroom is a surefire way to blow a case. Judges are human, after all.

Anyone involved in litigation in Virginia should consult with an experienced Virginia trial lawyer. ... Read More

Q. I owned my before marriage. Is my spouse entitled to any equity accrued to the home. I reside in Virginia

October 27, 2023

A: If the spouses are unable to agree on the division of marital property, a judge sitting in equitable distribution incident to a divorce can divide marital property and allocate marital debt. The first step for the judge is to classify all property as separate, marital, or hybrid - a combination of separate and marital. Property acquired during the marriage is presumed to be marital property. Property acquired before the marriage in the name of only one spouse, and property acquired during the marriage by gift or inheritance, is presumed to be separate property, provided the spouse did not transmute it, or a portion of it, into marital property through marital or family use.

With real property, there are various considerations. First, income earned by the spouses is generally marital property, unless it is merely passive income on separate property. Using marital property to pay down the mortgage principal creates marital equity. The appreciation in value of property used for a family or marital purpose, or the value of which is increased by the efforts of either spouse, becomes marital appreciation. This is based on the theory that a husband and wife are an economic partnership. Presumably, they are both working to increase the value of the property of that economic partnership. To the extent that either party expends significant effort toward the appreciation of property in his or her name, that appreciation becomes marital property. The "Brandenburg" formula is a formula used to calculate the proportion of separate and marital property in hybrid property.

Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce attorney. ... Read More

White v. Llewellyn

Supreme Court of Virginia