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What is Considered Marital Property in a Divorce?

Divorce is unfortunately something that happens in life, and it happens for many different reasons. Spouses may decide they don’t get along as well as they used to, or maybe they need to go their own ways because of monetary or family reasons. The biggest factor to consider when talking about divorce is property, and that is why spouses should consult a divorce attorney in Northern Virginia to achieve the best result possible.


The law regarding marital property in Virginia says that any property obtained during the marriage is subject to equitable distribution. This means that the court can decide how to divide the marital property between the two spouses, the way the judge sees fit.


On the other hand, some properties are considered separate. This means some of the property belongs to only one of the spouses, which is decided by the court according to Virginia law. Let Dua Law Firm in Fairfax, Virginia provide an experienced attorney for you when deciding how to go about your marital property.

These are a number of items that a court will consider when deciding on property distribution:


  • Property obtained by either spouse before the marriage


These items could be almost anything owned by each spouse, from a computer to a coffee maker, or a car to even a pet. Think of it as having a roommate. You will probably purchase some of the items for your house, while your roommate will purchase other items, making the things you bought as the property that you will keep when you move out. Any property bought by one of the spouses and under his or her name before marriage is usually their own separate property.


  • Property obtained by either spouse during the marriage as a gift or as inheritance


Everyone receives gifts on birthdays and holidays. Some will be specifically for you and some may be addressed to both you and your spouse. Gifts explicitly given to one spouse are usually his or her property, and the same goes for inheritance.


  • Property obtained from exchanging your separate property


If one of the spouses exchanges an item that is specifically his or her property, the new item they receive is then also usually his or her property. It’s similar to using your own money to make purchases.  It is important to not mix marital property into this situation, because then it may become marital property to be divided by the court.


  • Property obtained by either spouse after their separation or divorce


After a couple separates or divorces, the items they purchase usually will no longer be under both of their names. This, of course, means that whatever items each former spouse purchases is usually their separate property with the other spouse has no claim to it.

Dua Law Firm, A Northern Virginia Law Firm, Offers Experienced  Representation for Your Divorce

The complicated issues with marital property and equitable distribution can be a lot easier to get through with a high-quality and experienced divorce law attorney in Northern Virginia. We cover pre-nuptial agreements, divorce and separation, equitable distribution of property, custody, child support, spousal support/alimony, agreements, mediation, and name changes to help with any needs you may have during your divorce. Dua Law Firm in Northern Virginia can ensure that you are in good hands when going through this process. We also offer many services regarding the law, ranging from criminal cases or simple traffic violations to family law and wills.

Contact us today for a free consultation!