Legal Question in Family Law in Virginia

Re: Equitable distribution of home

The husband purchased the house prior to the marriage so arguably it was his seperate property until he put you on the deed. However, your name on the deed alone does not make it marital property. The burden is on you to prove that he gave it to you as a gift and the buden of proving the donative intent would be yours. Best evidence is if he did so as a "Deed of Gift". If it was not a gift then it could still be his separate property and you would have little to no rights to the equity unless you could prove you made "substantial" contribtions to the home (which is generally perceived to be more than helping pay the mortgage). If it is deemed to be a gift then you own it with him and you presumptively deserve 50% of the equity.

Best advise is to confer with and hire a good Domestic attorney.

Good luck.

Re: Equitable distribution of home

You have it right regarding the percentage, meaning some percentage of the value of the jointly held marital property----whatever that maybe. It's unlikely that that percentage would be 50% based upon the facts which you've described and would more likely approximate what you put in, to use your term, plus the value of any other contributions which you made(either in materials or labor)which conduced to the increase in value of the marital property in addition to its presumed appreciation during the course of the marriage.

There are many factors to consider in attempting to answer your equitable distribution question, only a few of which are evidenced in your question.