Legal Question in Family Law in Virginia

Re: Marital Property

You're going to hate my answer, but here it is: it depends. Since the house was yours before you were married it may be deemed separate property upon divorce. However, if marital assets contributed to the upkeep of the house, the mortgage payments, real estate taxes etc., it may have become marital property. So it really depends on the facts and how well you are able to distinguish how the expenses on the house you previously owned were paid for. Good luck! Shane Jimison, Richmond, Virginia.

Re: Marital Property

The proceeds of sale of separate property are themselves separate property, but it is important to keep the funds separated from marital funds. Keep them in an account in your name only, and do not mix your income (marital property) or other marital property proceeds with the house proceeds.

There is some possibility that funds or efforts contributed by your husband to the upkeep of your house during the marriage could result in some portion of the house having been marital, but the burden of proving that would be on him.