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Baskin v. Baskin

Court of Appeals of Virginia. Alexandria
Jun 15, 1993
Record No. 1258-92-4 (Va. Ct. App. Jun. 15, 1993)

Opinion

Record No. 1258-92-4

June 15, 1993

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY J. HOWE BROWN, JR., JUDGE.

Peter M. Baskin, pro se.

Ann W. Mische, for appellee.

Present: Chief Judge Moon, Judges Coleman and Willis.

On May 1, 1993, Judge Moon succeeded Judge Koontz as chief judge.

Argued at Alexandria, Virginia.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated for publication.


The judgment of the trial court is affirmed because:

(1) Credible evidence supports the finding of the trial court that the parties agreed to that portion of the decree concerning the wife's occupancy of the marital residence "until July 1, 1992, or until the . . . lump sum [$30,600] [is] paid whichever last occurs." See Derby v. Derby, 8 Va. App. 19, 26, 278 S.E.2d 74, 77 (1989);

(2) the trial court did not err in finding that the juvenile and domestic relations court had concurrent jurisdiction with the circuit court under Code § 16.1-244;

(3) the wife sufficiently pled the issue of exclusive use of the residence in the bill of complaint;

(4) the trial court correctly interpreted Code § 20-103 when affirming the juvenile and domestic relations court's order excluding the husband from the Kerns Road property;

(5) the trial court correctly incorporated the pre-nuptial agreement into the final divorce decree;

(6) the trial court correctly interpreted the pre-nuptial agreement terms concerning the living expenses paid to the wife;

(7) the trial court did not err in determining that setoffs of the husband's rental payment to the wife, based on his mortgage payments for the Kerns Road property while the wife was residing at the property, were not proper in light of paragraph 13 of the pre-nuptial agreement; and

(8) the wife is barred from seeking attorney's fees because she did not object to the order of March 11, 1992. See Rule 5A:18.

Affirmed.


Summaries of

Baskin v. Baskin

Court of Appeals of Virginia. Alexandria
Jun 15, 1993
Record No. 1258-92-4 (Va. Ct. App. Jun. 15, 1993)
Case details for

Baskin v. Baskin

Case Details

Full title:PETER M. BASKIN v. FIONA E. SULLIVAN BASKIN

Court:Court of Appeals of Virginia. Alexandria

Date published: Jun 15, 1993

Citations

Record No. 1258-92-4 (Va. Ct. App. Jun. 15, 1993)