What will be considered separate property in my Virginia divorce?

Virginia divorce law typically calls for an equitable distribution of property in a Virginia divorce. This means that all shared assets are to be as evenly divided as possible.

When evaluating a couple's property in a Virginia divorce, the court considers any property that belongs to only one spouse and was not a factor in the marriage to be Virginia separate property. It is important to identify any Virginia separate property during your divorce proceedings if you wish it to go directly to you and not be divided up between you and your spouse in the Virginia divorce agreement.

Virginia separate property may include:

  • Any property obtained before marriage;
  • Any inheritance left to one person before or during the marriage;
  • Any gifts received by one person during the marriage;
  • Any property obtained during the marriage where there is a written agreement (post-nuptial agreement) stating that the property is separate; and
  • Any property that is purchased with separate assets that is intended for use by one spouse.

You have to be careful that any property that you wished to remain separate is not used for the marriage. For example, if you enter the marriage with a bank account and you use that money for marital expenses, it may no longer be considered Virginia separate property.

Contacting a Virginia Divorce Attorney

Dealing with property issues during a Virginia divorce can be complicated. Having an experienced Virginia divorce lawyer during this time is important. Your lawyer can help you collect evidence that supports your claim of marital and Virginia separate property.

To learn more about separate property, speak to a Virginia divorce lawyer. Our Virginia divorce attorneys care about your rights, the welfare and happiness of your children, and your financial security. Let us use our unique experience and legal expertise to help you focus on your goals for the future and your family. To learn more about Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.