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Marital Property in Virginia

I have premarital stock that grew passively and I did nothing to touch it. Is it marital?

  • Probably not.  If you can prove that passive factors account for  the increase in the value of stock you owned before you married, then such an increase cannot be properly classified as marital.

Does the court HAVE to divide up all jointly owned marital property?

  • The court does not have to divide up all jointly owned marital property, but it may do so.

Will all of our marital property be split 50-50 by statute?

  • No. There is no presumption of equal distribution.

Can the court transfer title of our house that is only in my spouse’s name.

  • No. The court does not have the authority to transfer title of property only in one spouse’s name.

Can the court order a special commissioner to sell our home?

  • Yes. The court has the authority to order that the marital house be sold by a special commissioner.

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