Separately owned property does not automatically become marital upon marriage, even when it is placed into joint names. If one party invested separate funds into a marital asset, if they can trace out or prove that investment, they may be entitled to a return of the asset or the amount invested plus appreciation. This is a substantial issue in many cases.The goal of the tracing process is to link every asset to its primary source, which is either separate property or marital property. Harris v. Harris, 2004 Va. App. LEXIS 138 (2004). See also Mann v Mann, 22 VA. App 459; 470S.E. 2d 605, 1996, holding that the interest passively earned on the husband’s premarital assets are separate.The Code of Virginia, §20-107.3(A)(1)(iv) defines “separate property” as “that part of any property classified as separate pursuant to subdivision A.3. Code of Virginia, §20-107.3(A)(3)(e) provides that “when marital property and separate property are commingled into newly acquired property resulting in the loss of identity of the contributing properties, the commingled property shall be deemed transmuted to marital property. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, the contributed property shall retain its original classification.” (emphasis added). Code of Virginia, §20-107.3(A)(3)(g) provides that section (e) of this section shall apply to jointly owned property. No presumption of gift shall arise under this section where (ii) newly acquired property is conveyed into joint ownership.The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions. The personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property. See Code of Virginia, §20-107.3(A)(3)(a). All of the increases of the real estate in this case are attributable to market fluctuations.Tracing involves a two-prong, burden shifting test. First, a party has to prove he invested separate property into the real estate, which he did. It is undisputed that all of the money used to purchase the real estate was his traceable separate property. Then the burden shifts to the Complainant to prove, by clear and convincing evidence, that the transmutation was a gift. (See Va. Code Ann. § 20-107.3(A)(3)(g)) and Turonis v Turonis, 2003 Va. App. LEXIS 130, (2003)). There is no presumption of a gift that arises from the fact that one party put the real estate in the parties’ joint names. There is no evidence of a gift in this case. (See also von Raab, 26 Va. App. at 248, 494 S.E.2d at 160 and Utsch v. Utsch, 38 Va. App. 450, 458, 565 S.E.2d 345, 349 (2002) (quoting Theismann, 22 Va. App. at 566, 471 S.E.2d at 813).If the party claiming a separate interest proves retraceability and the other party fails to prove transmutation of the property by gift, “the Code states that the contributed separate property ‘shall retain its original classification.’” (emphasis added) Hart v Hart, 27 Va. App. 46, 68, 497 S.E. 2d 496, 506 (1998). (quoting Code § 20-107.3(A)(3)(d), (e)) West v West, 2003 Va. App. LEXIS 512 (2030).The second issue is the passive appreciation in the value of the jointly titled real estate. Pursuant both to Virginia Code Va. 20-107.3(A), and using the Brandenburg formula, which has never been held erroneous by the Virginia appellate courts, (See Turonis, Supra) All of the passive appreciation on a party’s separate investment in real estate is also separate property. ” This issue was addressed in Kelley v. Kelley, No. 0896-99-2, 2000 Va. App. LEXIS 576 (Ct. of Appeals Aug. 1, 2000) holding that the trial court erred in failing to recognize that passive appreciation on the husband’s separate investment to the real estate was also the husband’s separate property. (emphasis added0. This issue was also addressed in the case of Stark v. Rankins, 2001 Va. App. LEXIS 375 (2001), holding that “in pertinent part, Code § 20-107.3(A)(1) provides that “the increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions.” Read as a whole, subsection (A) of the statute contains a “presumption that the increase in value of the separate property is separate.” (emphasis added) Martin v. Martin, 27 Va. App. 745, 753, 501 S.E.2d 450, 454 (1998). Moreover, we have held that the trial judge has a duty “to determine the extent to which [a spouse's] separate property interest in the home increased in value during the… marriage.” Id. at 752, 501 S.E.2d at 453. There is a statutory presumption that the increase in value of the separate property is separate. Id.By contrast, although the customary care, maintenance, and upkeep of a residential home may preserve the value of the property, it generally does not add value to the home or alter its character. Martin, Supra. The Court held that the Wife’s evidence that at some time during the twelve years of marriage she personally painted, wallpapered, and carpeted parts of the house does not prove a “significant” personal effort.” These activities constitute part of the customary maintenance and upkeep that homeowners typically perform in order to preserve the home’s value; they do not by their nature impart value to the home. (See also Biviano v. Kenny, 2002 Va. App. LEXIS 157 (2002)). The Code of Virginia, Section 20-107.3(A)(3)a) places the burden on the non-owning spouse to prove that “(i) contributions of marital property or personal effort were made and (ii) the separate property increased in value.” Hoffman v. Hoffman, 2004 Va. App. LEXIS 216 2004). In pertinent part, Code § 20-107.3(A)(1) provides that “the increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions.” Read as a whole, subsection (A) of the statute contains a “presumption that the increase in value of the separate property is separate.”Martin v Martin, 27 Va. App., 745, 753, 501 S.E. 2d 450, 454 (1998). Moreover, we have held that the trial judge has a duty “to determine the extent to which [a spouse's] separate property interest in the home increased in value during the… marriage.” Id. at 752, 501 S.E.2d at 453. Stark v. Rankins, 2001 Va. App. LEXIS 375 (2001).In the case of Hargrave v. Wienckowski, 2000 Va. Cir. LEXIS 208, the Court states that “traceable separate property that is commingled with marital property, whether to acquire new property or otherwise, is subject to being restored to the contributing party.” The Court analyzes the issue and finds that “parties are under no requirement to contribute their separate property, whether acquired before or during the marriage, to the marriage. If a party does so, he or she does so voluntarily and should be reimbursed for it unless the party intended to make a gift of such property to his or her spouse.” This holding is consistent with the purpose of the Virginia legislature in enacting the equitable distribution law which was to give courts power to compensate a spouse for his or her contribution to the acquisition of property obtained during the marriage. See Sawyer v. Sawyer, 1 Va. App. 75, 335 S.E.2d 277 (1985). For example, in Beck v. Beck, 2000 Va. App. LEXIS 658 (2000), the Court held that since the wife contributed 71.3% from her separate funds to acquire the property, she was entitled to 71.3% of the equity in the real estate.Holden v Holden, 31 VA. App 24; 520 S.E. 2d 842, 1999 involved the same issue. The husband sold comic books for $17,000 to raise the down payment on real estate acquired during the marriage. He deposited the money into a joint account. The Court held that the $17,000 was his separate money. “Separate property does not become untraceable merely because it is mixed with marital property in the same asset. As long as the respective marital and separate contribution to the new asset can be identified, the court can compute the ratio and trace both interests. The Husband is not required to segregate the $17,000 from all other marital funds in order to claim a separate interest. (Citing Rahbaran, 26 Va. App. At 207, 494 S.E. 2d at 141). See Whitehead v Whitehead, 2001 Va. App. LEXIS 381, 2001, holding that the husband’s withdrawals from the parties’ joint account should have been viewed as his reclamation of separate property, to the extent of his contribution, rather than withdrawal of marital funds. The Husband had $9,100.00 in separate funds in the account. The Court held that to the extent the withdrawals equaled $9,100.00, they should have been viewed by the court as his reclamation of his separate property.If tracing separate property is an issue in a case, records proving the separate ownership are very important. Records include bank accounts, HUDs, deeds, mortgage and payments. Property acquired during the marriage or jointly titled is presumed to be marital without proof of a separate investment or ownership. Of course, the easiest way to resolve this issue is a prenuptial agreement.
What Constitutes Separate Property in Virginia?
There is an excessive amount of traffic coming from your Region.
There is an excessive amount of traffic coming from your Region.
There is an excessive amount of traffic coming from your Region.
Keep These 5 Rules in Mind for Successful Commercial Designing
Who doesn’t want an excellent commercial design? Excellent commercial design is important to maintain the reputation and brand image of the company. As it is said, the first impression is the last impression, a good impression always attracts potential customers. It’s obvious no one would ever love to walk in a congested environment with bad lighting.
Bad design and interiors deteriorate the productivity of the employees. It can be a confusing task when planning a commercial designing project for the first time, hiring expert Commercial Architects Melbourne can be the best option to know about the latest trends and perfect matching designs.
This blog is about some basic rules to consider for making the commercial project successful.
Keep structures versatile
When it comes to transforming any commercial space, focusing on convertibility and keeping office interior decor versatile can be the best option. It can be done by implementing a versatile structure to spaces such as cafeterias, offices, and many more. Everyone gives preference to comfort hence, focusing on spatial and versatile design will help to complete commercial designing projects in an optimal way.
Consider the latest technology implementations
Technology plays a supportive role to enhance the commercial designing project. Moving forward with the latest technology is important to execute any business smoothly because technologies make the work much easier and comfortable for the employee as well as organizations. Implementing centralized and decentralized digital control is much needed in any commercial design.
Keep office aesthetics updated
Good aesthetics and interiors impact the overall representation of the office and make the place functional and attractive. Hire a reputed designer for modern décor and furniture ideas. Hiring a designer reduces half of the project stress and helps to meet the contemporary fashion and latest trends. They can help to choose the perfect theme that blends well with the office decor, atmosphere, and colour.
Provide personalized space to prevent congestion
Majority of customer prefers personalized space such as different seating to seat comfortably and do the personal work. Personalized space is one of the crucial factors for customer-based service offices such as hotels and cafeterias to provide an ambient and comfortable place.
Always keep safety first
Safety is the central feature of every construction and designing project. Hence, it’s the high-priority factor to keep the aesthetic and functional safety at the working place. It can be compromised for interior decoration and design purposes but it’s not at all affordable to compromise for safety purposes.
Following the above useful ideas can easily help in the successful completion of a commercial designing project in a safe and pleasing way. In today’s, modern construction, reliability, and comfort is also an equally important factor.
It’s important to hire the experienced Building designer Melbourne to make the commercial designing project worthy. Hope the above rules helped you to scale up your interior designing projects with a better outcome. Follow the above tips for any renovation or remodelling project and surely you will get award-winning and achieve a better office experience.
How Long Should A Laptop Battery Last And How To Increase the Battery Life
No matter how expensive your laptop is, its battery won’t last more than four years. According to experts, a new laptop battery gives you as many as 1,000 cycles. In other words, you can charge and recharge the battery up to 1000 times. However, many factors play their role to increase or decrease the lifespan of a laptop battery. For instance, the material used for producing the battery substance. So, if you want to ensure that your battery stands the test of time, given below are some of the tips that can help.
1. Install a good battery monitor
If you are looking for an alternative, you can choose from tons of third-party utilities. Basically, the software programs help you monitor your laptop battery. These programs have no compatibility issues with any type of laptop.
Using these tools, you can find out which programs are using most of the battery power. You can then close the unwanted programs to save battery power.
2. Install maintenance apps
You can use some manufacturer-recommended maintenance tools for maintaining your laptop battery. Based on the type of your battery, you will receive different suggestions. Apart from this, your operating system will come with a built-in utility that can help you keep an eye on your battery condition.
3. Maintain your device temperature
You should try your level best to ensure your laptop maintains its temperature. In summer, electronic devices tend to heat up, which negatively impacts the life of the battery packs.
Therefore, you should make sure that there is a little bit of space between the bottom of the device and the table you have placed your device on. Besides, the ventilation system of your device should be working properly. For this purpose, regular cleaning of your device is quite important.
4. Don’t use maximum brightness
When your screen brightness is at maximum level, your device will use the maximum power. So, turning down the brightness is the first thing you can do to save power. Also, it is not a good idea to keep the brightness at max level as it can have a negative impact on your eyesight.
So, by following these simple tips, it will be easier for you to extend the life of your laptop battery.
5. Change the power-saving settings
Before you do anything, go into the power options of your laptop. If you are using Windows operating system, you can go to the control panel to access the power options. The control panel can be accessed from the Start Menu.
Some users have MacOS. If you are one of them, you need to access Energy Saver, which is found in the System Preferences. If these values are set to default, your computer will use the least amount of power.
So, what you need to do is make small changes to the settings so that you achieve a balance between power and performance. For best performance, there is always the choice to connect your device to the AC outlet.
The Best Ways I’ve Found To Make Money Online From Home
Have you been looking for a way to make money online without having to know much of the internet stuff? Wanting to work at home but don’t know how to do it? Here is the key gem: Between all the tricks on joining the craft beer movement, opening a gallery or being a tour operator, you will find clever advice that anybody can apply to make money online quickly.
The most basic way to make money online is through affiliate marketing. It is really easy. Basically you set up an ad for someone she is selling something and when they click through and buy it, you make money! Simple enough if you have no technical skill at all. Here are some simple tips on how to earn using affiliate marketing:
Drop-shipping is one of the most useful methods. You select a product in which you believe there is a demand and then drop-ship it to your customers in small quantities. You make money from the difference between what the stock costs and what you sell it for. For this method, it is important to note that you may need to make space for your inventory on your premises or perhaps wait until you have a build of an inventory before you can start drop-shipping; but the advantages make it a good choice for those seeking to make money online from their spare time.
Paid surveys are a great way to earn some extra cash. These can be accessed easily and there are many sites where you can get paid from spending your spare time. There is one site, though, which is said to pay $200 a week for twelve weeks straight – you can’t beat that kind of money making potential. With paid surveys, it is important to note that the sites are generally scams, and that you need to do some research to ensure you are making good money making opportunities.
Finally, a passive income generating method that can bring in money on autopilot is eToro’s Forex trading. This works by allowing you to invest on a demo account and earn money from the performance of the currencies being exchanged. The best thing about this system is that it allows you to do virtually anything and still see profits coming in. eToro has an average starting price of less than $50 and can generate an income of five figures in just a few months.
These are the best things I have found for making money online from your home. Though none of them are as good as, say, a paid-online course, they are much more affordable and can provide a valuable education to start earning money immediately online. With just a little research, you should be able to find a legitimate opportunity to get paid to learn the basics of making money in the currency markets. This is a truly remarkable opportunity.
Finding the Best Business Idea For Your Home Based Business
How many home based business opportunities are available to you? If you want to make money online at home, you really have many options to choose from. The big question is – which one will give you the biggest chance of success? Is there a ‘one size fits all’ answer? The simple truth is that not every opportunity is right for everyone, and not every opportunity will bring you the greatest amount of profit.
So, what are some home business ideas that can make money online for you? The quick and dirty answer is: the one that best suits your particular set of needs. Make a list of your priorities, including a high income; a low-risk schedule; freedom; flexibility; work-life balance; independence; something in your range of skills and expertise; and interesting work that you have an interest in… You can take this list with you and talk to people who are working from home on the same things that you would be considering. Chances are that you will find some great niches that fit your standards and your desires.
But what if you want to get started right away? It’s easy to think that you can jump into a new business idea and be successful immediately, but this often isn’t the case. It takes many different things to make sure that you will be able to get through the hurdles and actually make it to a point where you are seeing profit. If you don’t work at it slowly, you will be setting yourself up for failure. Here’s the lowdown on some different things that you should consider as you create your own business idea:
First, you need to think about what you have to offer. If you don’t have any ideas as to what to do as a freelance writer, a lowdown on finding a niche is very important. Many beginners go into this completely clueless. But if you know that you have a skill that others are desperately seeking, you may be able to provide them with the service they are looking for without having to spend much time building up a website or getting traffic to it.
Another thing to consider is what kinds of products or services would best fit a niche that you would like to get started in. In this case, the lowdown on finding the best business idea for you would include taking a look at what you love to do and what you can offer others. If writing is not your strongest point, but you love to get creative, consider freelance data entry. Freelance data entry does not require a lot of startup capital, but you still need to have the skills that will allow you to be successful in this area. The best lowdown on finding the best business idea for you is to simply start looking at what you like to do and what you can offer others.
There are many other areas of freelance writing that you can explore in order to make the most out of your home based online business. Freelance writers are in high demand online. If you have the skills that are needed to do well in this field, there is no reason that you should not be able to find a great home-based online business that will give you the income that you want.
Earn Money Writing From Home And Never Run Out of Ideas
Is it your dream to work from home as a writer and earn money from everything you write? That was my dream for years, and 20 years ago it became my reality.
One of the hardest things at first was to come up with ideas of what to write about. I started by doing freelance writing and I also set up my own website and I wanted to write and publish books. It was all a great plan, but it meant coming up with thousands of ideas.
At first I didn’t think it was possible, but it turned out that not only was it possible to come up with endless ideas for writing, but I ended up with notebooks full of ideas because I had more than I could ever use at once.
And I’ll tell you 3 things that helped.
1. I write fast. Once I’m into writing an addictive story or an interesting article – or series of articles, I get into a writing ‘flow’ and can write for hours. I never stop and second-guess myself. I just keep writing because fast writers are mega producers and never have time for writers’ block.
2. The more I write and the faster I write, the more writing ideas I have. Productive writers always get an abundance of ideas as they write. When I’m immersed in my writing, my creative mind goes into hyper-drive. Even if I started with only one or two ideas, once I sit down and start writing the ideas start flowing. And it doesn’t matter what I write. Even if I’m journaling or copying out someone else’s writing by hand (just for practice), it inspires ideas.
3. I love to write. Most days I’m excited and motivated to sit down and write. I hurry through other chores I have to do so that I can get to my desk and write.
At first, being a writer was hard because it’s not easy to work from home with no boss, no set hours and too many distractions. But once I got a writing routine, I found that once I sat my backside in my chair and started writing, it was easy to ignore everything and motivation arrived and kept me going.
So if you find yourself longing to write but stuck for ideas, just sit down and start writing. Write anything even if it’s just nursery rhymes you were taught as a kid, or open a book and start handwriting it out.
And if you’re like me you’ll find that even on days when you think you don’t feel like writing and the ideas just won’t come, sit down and write anyway, and before you know it you’ll be overloaded with ideas.