Legal Question in Family Law in Virginia

Re: Living with spouse and property settlement

Yes, if you can prove that you sold your previous home and invested the proceeds from the sale in the current home where you and your husband now reside, you would very definitely have a very sizeable marital claim to this house, and in any divorce proceeding would be entitled to a share proprotionate to not only what you have invested, but also to a share that recognizes what you've contributed to the home's increase in value (equity) since you moved in.

Re: Living with spouse and property settlement

You do not state if you and your spouse have been legally married (license, celebrant, the whole works) and your comment that Virginia is not a common law state suggests you may not have been married.

If you have, and if he purchased the home during the marriage, it is marital property, and upon a divorce you would be entitled to whatever a court decides is your interest in the marital property based on a number of factors, including your contributions to the improvements, maintenance and upkeep of the house.

If you heve not been officially married, the property is his, and you probably will not be able to assert any interest in it.

If you were not married when the property was purchased but are now married, you will have a claim to some interest in the property, which would be classified as part his separate property and part marital property.