Separation & Property Agreements

Marriage does not automatically put the spouses’ property in both of their names. Most property and pensions acquired during the marriage – except for inheritances, personal injury awards, property owned separately before the marriage and gifts from other people – are treated as both spouses’ property in the event of a divorce. If you choose to put property solely in your spouse’s name, or to title your premarital property in both names, that may diminish your legal right to it upon divorce. Virginia generally applies the concept of equitable distribution to all property acquired by the parties from the date of the marriage regardless of how the title to that property is held.

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