Virginia laws on willed property in divorce

In the event of a divorce, there is often some confusion as to who gets what in the settlement. While nobody plans on a divorce, the fact is that it does quite often occur, and you need to be prepared in that event. Generally speaking, property received through inheritance by one partner during a marriage is not subject to division of assets after a separation, unless the property has been specifically transferred to mutual ownership by the couple.

The Marital Property Act specifically addresses this issue by dividing assets into two categories: community property and separate property. Community property is jointly owned and therefore subject to all the normal rules that apply in the event of a legal separation. In the Commonwealth of Virgina, the same applies. Property obtained through inheritance by either party is considered separate property, unless specific steps are taken to make it a jointly shared asset.

These circumstances may include placing the asset in question, whether property or money, under co-ownership. Placing a deed or title under the name of the couple involved would obviously make it marital property and would thus make it susceptible to a fair and equitable division in the event of divorce. Also, if the will explicitly states that the property is intended as a gift to the married couple, then it is considered community or marital property. Also, if the couple makes capital improvements to the property in question or pays taxes on it jointly, that also makes it community property.

A complete separation of costs associated with maintaining and improving the property must be observed to avoid the separate property from becoming a shared asset. In any event, consulting a reputable, Virginia based legal professional is crucial in ascertaining what actions would make separately inherited property a communally shared asset.