Woman doesn't want ex to reap proceeds of real estate sale

By Justin Anderson | May 4, 2009

CHARLESTON – A Charleston woman wants a judge to say her ex-husband gets nothing from the sale of a house to the state related to an expansion of the Capitol Complex.

Evelyn D. Hamilton filed a lawsuit April 15 in Kanawha Circuit Court against Thomas J. Hamilton and the West Virginia Department of Transportation.

Evelyn says she and Thomas were married in Kanawha and got divorced on April 2, 1979. She says the divorce included a property settlement agreement that had Thomas continuing to pay the taxes, insurance and mortgage on the couple's home at 315 Michigan Avenue.

The complaint adds that the agreement also called for Thomas to pay the mortgage on rental properties on Glenwood and Central avenues.

Evelyn claims Thomas never made any of the payments.

Now the state Department of Transportation wants to acquire the Michigan Avenue home to expand on the state Capitol Complex, the complaint says.

Evelyn wants a judicial determination as to whether Thomas is entitled to any of the proceeds of the pending sale of the home. She also claims she's entitled to back child support and reimbursement for the mortgage payments she made.

Nathan Hicks Jr. is representing the plaintiff. The case is before Kanawha Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number: 09-C-712

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