Virginia Property Distribution Laws

Virginia Property Distribution Issues & Resources

Virginia Property Distribution

In a Virginia divorce action, each party will be entitled to retain his or her separate property. Separate property is property:
  • acquired prior to the marriage;

  • any gifts and inheritances;

  • any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases; and 

  • any property acquired in exchange for separate property, will be retained by the spouse who owns it.

In a Virginia divorce action, all marital property, which consists of

  • all property acquired during the marriage that is not separate property; 

  • all property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties; 

  • income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts; 

  • any separate property which is commingled with marital property and can not be clearly traced, will be divided equitably by the court. 

In dividing marital property, a Virginia divorce Court will consider the following: 

  • the contribution of each spouse to the acquisition, care, and maintenance of the marital property;

  • the liquid or non-liquid character of the property; 

  • the length of the marriage;

  • the age and health of the spouses; 

  • the tax consequences; 

  • any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities;

  • how and by whom the property was acquired; 

  • the circumstances that contributed to the divorce;

  • the contributions, monetary and non-monetary of each spouse to the well-being of the family; 

  • the contribution of each spouse to the well-being of the family; and 

  • any other factor necessary to do equity and justice between the spouses.

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