How Is Property Divided During Divorce in Virginia
Dealing with divorce is already such a challenge, even if you know it’s the right call for your future. When you also have to figure out how to split property and protect your investments, it gets even harder. It helps to understand the answer to the question, “How is property divided during divorce in Virginia?”
When you know the laws and legal precedent, you can better advocate for yourself and your future. Taylor Huguley Powers PLLC has helped clients across Arlington and Northern Virginia with cases just like yours. When you need help with understanding property division, come to the professionals.
Marital vs. Separate Property
Understanding what property is actually eligible to be split is the first step in tackling property division cases. Virginia has a marriage rate of roughly 6 per 1,000 residents, with the median marriage length being 17.1 years. When you’re married for that long (or even longer), it can be difficult to determine whose property is whose. In general, separate property is property that was acquired:
- Before the marriage
- As a personal gift
- As part of an inheritance
Any property obtained during a marriage that doesn’t meet those criteria is likely to be considered marital property, and thus eligible to be divided. However, things get complicated when previously separate property is commingled with marital property, like using inheritance funds to renovate a shared house.
In Virginia, it doesn’t matter whose name is on the deed; only when and how the property was obtained and maintained. In cases where things are mixed, property can also be considered part separate, part marital. Only a portion of it would be eligible for splitting.
Equitable Distribution in a Divorce Case
Virginia is not a 50/50 or equal-split state. Instead, property is divided under equitable distribution, aiming to give each party a fair share of marital property and assets.
From property along the Potomac River to specific vehicles, everything you own must be considered to determine if it is marital property, and if so, how it can be equitably split. With a divorce rate of 2.7 per 1,000 residents, Virginia sees many of these cases.
When determining how to split property, courts will consider factors like:
- Contributions made during marriage, both financial and non-financial
- The capacity of each spouse to support themselves
- Tax implications for each spouse
- Whether one spouse was the family’s main earner
Each of these factors will affect what the split of property can look like in your case. You can hire a property division lawyer to explain your rights, help you understand what laws apply to your case, and advocate for your interests in the divorce process.
Deciding Who Gets What
Even considering equitable distribution, deciding how to split property can be a major challenge. While Virginia property division laws outline the guidelines for dividing property, the actual implementation can vary.
Obviously, property like a house cannot actually be split in half. Instead, courts will divide the property’s value equitably. Deciding who gets to remain in the marital home, or if it gets sold, is also a difficult step.
When both spouses agree on a plan, they may be able to settle the division without much court involvement. However, courts will step in to settle disagreements or when agreements don’t allow for equitable distribution between both parties.
It can be difficult to part ways with a beloved home or valuable asset, but sometimes that is necessary. Spouses might also disagree on the actual value of marital property. Getting a professional valuation can help make sure neither party gets the short end of the stick when it comes to a property’s true value.
FAQs
Which Spouse Is Entitled to More in a Virginia Divorce?
Hire a Property Division Lawyer for Guidance
Property division cases can quickly get complex and difficult to face alone. At Taylor Huguley Powers PLLC, we understand that lengthy litigation is taxing on both individuals and families. We try to help you pursue an amicable resolution when possible.
If your case does need to go through litigation, though, we can represent you with vigorous dedication. With over 100 combined years of experience in family law, our team knows these cases well. We want to help you advocate for your future without sacrificing too much of your resources, safety, or current situation.
Divorce is a time of massive change, and not having skilled representation during property division can create even more unwanted change. Instead, work with one of our experienced attorneys. Contact us now to learn more about your case and how our skills can help you pursue the outcome you envision.
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