Equitable Distribution of Property

Question 1

When the court is dividing property, they have the authority to…

Answer 1

1. Divide or transfer jointly owned marital property;
2. Make monetary awards; and
3. Apportion marital debts.

Question 2

Separate property is…

Answer 2

any property owned prior to the marraige.

Question 3

Marital property is…

Answer 3

property acquired during the marraige, regardless of the title holder.

Question 4

If marital and separate property is comingled, it can be separated upon divorce only if…

Answer 4

the separate property can be identified and traced back prior to the comingling.

Question 5

Alternatively, the court may award a…

Answer 5

monetary amount to a spouse for their joint interest in marital property not jointly titled.

Question 6

Is alimony considered while dividing marital property?

Answer 6

No – not in Virginia.

Question 7

At the time of property distribution, courts will also apportion…

Answer 7

debts.

Question 8

If a debt is made in both spouse’s names, it is presumed to be…

Answer 8

marital debt.

Question 9

If the debt names one party, and the funds are used for some separate nonmarital purposes, it is a…

Answer 9

separate debt.

Question 10

The burden of proof to determine if a debt is separate or marital lies with…

Answer 10

the spouse proponent that a certain debt is either marital or separate.

Question 11

A court may classify property one spouse brought into the marraige as a hubrid of marital and separate. The spouse who is seeking to gain interest in the property must show that….

Answer 11

1. The value of the property saw substantial appreciation during the course of the marraige; and
2. The owner spouse expended significant personal efforts on the property.

Question 12

Virginia courts have acknowledged that researching and selecting stocks…

Answer 12

could be classified as a personal effort, but it must be significant and substantially affect the value of the property.