Legal Question in Family Law in Virginia

Re: Preparing for Marriage

Virginia is not a so-called community property state so property only in the name of one spouse or the other prior to marriage can stay that way

with respect to each spouse through the course of the marriage. However, the likelihood of any one spouse being able to maintain sole ownership of his or her property during the course of the marriage is not a given as it's conceivable that under certain circumstances at least some of a spouse's sole-titled assets could "morph", so to speak, from title only in the one spouse's name to the legal status of marital property as the marriage proceeds along.

Example: With respect to your house, if, during your marriage your husband were to expend ample amounts of his labor as well as at least some of his own funds in remodeling your house, it's possible that he could claim at least part of the property as marital in any marriage dissolution proceeding which might unhappily come about somewhere down the road of your togetherness.

Given the foregoing example, if you're really

concerned about ensuring that title to all of your assets that was in your name only prior to your proposed marriage---stays that way after you tie the knot, you may want to consider a prenuptial agreement.