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In Virginia, property thats owned by only one spouse is called separate property. This includes property that was purchased or owned before the marriage as well as that which was acquired by gift or inheritance during the marriage.
A Virginia court can only divide your family home if it is considered as marital property. Marital property consists of most property that you and your spouse, or either of you individually, acquired during the marriage.
Is Virginia a 50/50 State When It Comes to Divorce? Virginia is an equitable distribution state, not a community property or 50/50 state. The split in a Virginia divorce does not have to be 50/50. Instead, the court will decide what is a fair division of property.
All property accumulated during the marriage using marital funds is also classified as marital, no matter which spouse earned the income or in what name the property is titled or deeded. These include for example: real estate.
a. In the case of income received from separate property during the marriage, such income shall be marital property only to the extent it is attributable to the personal efforts of either party.
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The answer to this question in most cases is, yes, if it has been at any time the family home. The relevance of this is that, as a marital asset, it is subject to the sharing principle (see Financial Provision in Divorce Cases).
However, there are some circumstances where separate property can become marital property during the course of the marriage. If the property was maintained or financed by both parties, then it could be considered joint, marital property because both parties have a financial interest in the property.
In Virginia, any property earned or acquired individually before the marriage is called a separate property.
In Virginia, marital assets are marital regardless of how theyre titled. So it doesnt matter whether the house, the car, or the bank accounts is in his or your separate or sole name.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

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