Legal Question in Family Law in Virginia
Real Estate/personal property in the event of divorce
I am planning to marry soon and would like to know more about the laws of Virginia concerning real estate/personal property. I am buying my home and would like to know what the law is concerning my real estate and personal property in the event the marriage does not work and is there a means of protection.
A friend was telling me that the laws have changed and I would like to know what the law currently says about this. Thank you.
1 Answer from Attorneys
Re: Real Estate/personal property in the event of divorce
A friend told you, you say, "that the laws have changed" (presumably in regard to divorce and the distribution of marital assets.) Indeed, it is likely true that Virginia matrimonial law has in some measure changed since you fastened your mind upon matrimony--as it does, usually incrementally, in each and every year that the Virginia legislature convenes.
However, the commonwealth's legal identity as a title state has not changed in any appreciable measure which means, basically, that any property
which you acquire, whether real or personal, before marriage remains soley yours unless you allow it to become commingled with marital property and thus subject to the claim of your disaffected spouse that all such property should be equitably divided in the event that it is determined that espoused true love has truly failed and that matters are on the precipice of marrriage dissolution.