divorce in virginia who gets the house can be one of the most challenging aspects, especially if both spouses have invested time, money, and emotional attachment to the property. Virginia is an "equitable distribution" state, meaning marital property is divided fairly, though not necessarily equally, based on various factors. Here’s a closer look at how the house is treated in a Virginia divorce.
Marital vs. Separate Property
In Virginia, the first step in property division is determining whether the property is marital or separate. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Separate property, on the other hand, consists of assets owned by one spouse before the marriage, inheritances, and gifts to one spouse alone, provided these remain separate throughout the marriage. If the house was purchased jointly during the marriage, it’s generally considered marital property, subject to equitable distribution. However, if one spouse owned the house before marriage and kept it separate, it may be classified as separate property.
Factors in Dividing the House
In determining who gets the house, Virginia courts consider several factors to reach an equitable solution:
Financial Contributions: The court considers each spouse’s contributions to acquiring and maintaining the home, including mortgage payments, renovations, and repairs.
Non-Financial Contributions: Non-financial contributions, such as one spouse’s role as a homemaker, can also influence property division.
Custodial Arrangements: If the couple has children, the court may be more inclined to award the house to the parent who has primary custody to maintain stability for the children.
Economic Circumstances: Each spouse’s economic situation is considered, including income, earning potential, and other financial resources.
Options for Dividing the House
There are several ways a Virginia court might address the division of a marital home:
Sell the House: In many cases, the couple may choose to sell the house and split the proceeds, which is often the simplest option when neither spouse can afford the mortgage alone.
Buyout: One spouse may buy out the other’s share of the house. This requires that the buying spouse has enough resources or financing to pay the other spouse’s share.
Deferred Sale: Occasionally, the court may permit a deferred sale, allowing one spouse (typically the custodial parent) to stay in the house until a future event, such as the children finishing school.
Conclusion
divorce in virginia who gets the house depends on a variety of factors aimed at fair division. Each case is unique, and working with a skilled divorce attorney can help protect your interests and guide you through the complexities of property division.
