Property Division

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Property Division

In a divorce, the judge will make a determination as to the classification of the property acquired by the parties as to which is marital, separate, or part separate and part marital.  Virginia statutes provide for the “equitable distribution” of marital property. 

Under Virginia’s system of equitable distribution, the court is not required to divide the marital property on an equal basis.  Instead, the court will consider various factors such as the monetary and non-monetary contribution of each of the parties to the well-being of the family and to the acquisition and care of the marital property, when determining how to divide the marital assets.

How Property Is Divided in a Virginia Divorce

  • Equitable Does Not Mean Equal: Virginia follows an equitable distribution model, which means the court aims for a fair division of marital assets and debts.

  • Marital Property: Only property acquired during the marriage is subject to division.  

  • Separate Property:  Property such as inheritances, or gifts generally remains with the original owner unless co-mingled.

  • Assets and Debts Divided: Marital homes, retirement accounts, vehicles, business interests, and even debts (like credit cards and loans) are assessed for division.

Common Problems in Property Division (Virginia)

  • Marital vs. Separate Property Disputes: Spouses often disagree on whether certain assets—like premarital homes, inheritances, or gifts—should be divided or remain separate.

  • Co-Mingling of Assets: When separate funds are mixed with marital accounts (e.g., using premarital savings for a down payment), it can complicate ownership claims and require financial tracing.

  • Increase in Value of Separate Property: If separate property appreciates during the marriage, especially with marital effort or funds, spouses may dispute how much of the growth is divisible.

  • Valuation Challenges: Determining the fair market value of assets like businesses, retirement accounts, or real estate can be complex and may require expert appraisals.