The property division process is one of the most complicated aspects of going through a divorce. Virginia uses a system called equitable distribution, which means that there’s not always an exact split between the two parties. Instead, property is divided based on fairness.
Before the division can occur, it is necessary to determine what is marital property and what is separate property. Assets and debts that are considered marital property must be divided. Those that are separate property go to their respective spouse. Typically, most assets and debts that are acquired during the marriage are considered marital property.
Certain factors can complicate the distinction
There are times when assets or debts don’t fit neatly into one of these two categories. One example of this would be if a spouse owned a house before the marriage, but both parties contributed to the mortgage payments or renovations. That type of situation is known as commingling, which leads Virginia courts to have to untangle the contributions to determine how much of the property is marital and how much of the property is separate.
There are several ways that courts determine what property is marital and what is separate. In most cases, this includes looking at financial records, each spouse’s contributions, and documentation regarding the property or debt.
It’s critical for anyone who’s going through a divorce in Virginia to understand how classification of the marital estate occurs and how it impacts equitable distribution. In some cases, there’s also the complication of emotional ties to property coming into the picture. It may be best for people who are in this position to have someone on their side who understands these laws so they can help them to determine what options are in their best interests.
