Legal Question in Family Law in Virginia

community property

If the community property status of the state of Virginia were to change, would one spouse then suddenly become responsible for the pre-existing debt of the other, or would it be grandfathered?

Thanks


Asked on 3/03/01, 11:46 am

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: community property

Virginia is not now nor, in my opinion as a lawyer and as a fervent observer of politics, will it be anytime in the near future a "community" property state. It is a "marital property" state, which is subtly different.

Marital property is any property, no matter how titled, acquired by either spouse subsequent to the marriage date except property acquired by gift or inheritance. "Separate property", which is not subject to division by the Court, is property acquired before the marriage OR subsequent to the marriage if by gift or inheritance.

Debts are treated pretty much the same way. You do not marry your new spouse's debts but you can become liable, under specific limited circumstances, for debts incurred by your spouse after marriage.

Knowing Virginia politicians as I do, it is doubtful that will change at any time in the foreseeable future.

Read more
Answered on 4/30/01, 11:00 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia