Division of Marital Property

Division of Marital Property

[vc_row][vc_column][vc_custom_heading text=”Prince William County Attorneys Experienced in Equitable Distribution – Property Division” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]The court will distribute or divide all marital property between the parties upon divorce through equitable distribution. The law of Virginia is that equitable distribution means fair or equitable division but it does not mean equal division. Sometimes the court will find that equitable is equal.

A party will find that the classification of property as “marital” or “separate” is critical in the overall analysis of a property case. The court’s classification analysis is frequently complicated and not what parties would otherwise assume. The parties themselves may sometimes overlook what is property including investment and retirement accounts and entitlements.

Surpassed only by custody disputes, those who are separating or divorcing are most concerned with property division. The family law attorneys at Farrell & Croft, P.C. are uniquely experienced to help you navigate these issues successfully.

Equitable Distribution of Marital Property Under Virginia Law
In Virginia, the court may only divide marital property between the parties and does so by applying equitable distribution. The court must consider certain Equitable Distribution Factors established under Virginia law in the determining the distribution of marital property between the parties.

The court must classify, and value all property before any marital property is distributed between the parties. The law of Virginia classifies property as “separate” or “marital” or or some combination of the two pursuant to Virginia statute. The law of Virginia defines marital property as all property that is not separate. But distinguishing between the marital and separate property classifications can be tricky. Considering how and when specific property was acquired as well as how the property is titled will determine whether property is separate or marital.

Based in Manassas, our attorneys have provided trusted family law counsel to Prince William County for over 20 years. As a result, we welcome you to learn more about why clients choose us and to read our client reviews. To request a consultation, please contact Farrell & Croft, P.C.[/vc_column_text][/vc_column][/vc_row]

Print Friendly, PDF & Email