Division of Property in Divorce; Part Marital and Part Separate Property

Posted on May 11, 2010 by Hofheimer Family Law

When going through a Virginia divorce and attempting to fairly divide your shared property, you may run into these two terms: marital property (that which is shared because of marriage), and separate property (that which is individually owned). However, there is a third term that is of equal importance: part marital and part separate property.

How Part Marital and Part Separate Property is Determined

Part marital and part separate property is any property which has aspects of both marital and separate property. Such property would include separate property that has increased in value since the time of marriage.

The original property would still be considered separate property; however, all increases in value after the time of marriage would be considered marital property and would have to be divided as such. The increase in value would even then only be considered marital property to the extent that other marital property or the direct effort of either party was responsible for said increase.

Proving That What Was Once Separate Property is Now Part Marital Property

If your husband is attempting to claim certain property as separate when you know that it is at least partially, if not completely, marital property, you take on a certain burden of proof. You are assumed to be the “non-owning party” and must prove the following:

  • Contributions to the property were made by marital property or personal efforts; AND
  • Said efforts caused the property to increase in value

Throughout your divorce proceedings, you’ll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserving your seat at our monthly divorce seminar – 757-425-5200.

The Virginia divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in property disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life.