Who Gets the House After a Divorce?

Going through a divorce is a frustrating time in your life and can bring up a lot of anxiety and stress. You are unsure of what property you will keep and what your life will look like after the divorce is finalized.

Both parties want to keep as much property as possible, especially the house. Houses are one of the most contested parts of property division, especially since it means that whoever loses the house has to move out.

Randall, McClenney, Daniels & Dunn, PC can help clients who are looking to get a divorce and want to keep their house. We can help you and your ex-spouse come to an agreement on what you should do with the house and other property divisions.

“Mr. Randall and his staff have been so professional and helped us though our legal matter Always got back to us within a timely manner for all our questions and believe me we had a lot .I would recommended this law firm .Very friendly staff and Great A Lawyer Mr. Randell. Thank you So much.” — Marcia P.

Understanding the Difference Between Community Property Vs. Equitable Distribution

In Virginia, the division of marital property follows the principle of equitable distribution. However, that does not mean an equal or 50/50 split. In some states, often referred to as community property states, all assets are divided 50/50 based on their current value.

Equitable distribution, an alternative, focuses on a fair split of assets based on various factors.

How is Marital Property Divided in Virginia?

Virginia follows the equitable distribution rule, which divides property according to what is fair, not necessarily what is equal. Equitable distribution aims to divide property based on the individual circumstances of both parties. It takes a big-picture view of what each person deserves and needs to move forward in a fair manner.

What Factors Does the Court Take into Consideration in an Equitable Distribution Case in Virginia?

In Virginia, when determining equitable distribution during a divorce, the court evaluates several key factors to achieve a fair division of marital property. Some of these factors may include:

• The age of each spouse
• The income and earning ability of each spouse
• The mental condition and well-being of each spouse
• The length of the marriage
• Debts and liabilities within the marriage and who they are assigned to
• The financial contributions made by each spouse to the marriage
• The spouse’s contributions to the marriage, beyond just financial support, including non-monetary contributions
• Whether the property is liquid, meaning easily divided, or not, such as investments like pensions
• Factors related to the dissolution of the marriage
• The tax consequences associated with the division of the property

What is Considered Marital Property in Virginia?

The division of property also depends on who owns it. If you brought assets into the marriage and your spouse did not contribute to them, they may be considered separate property, especially if they are in your name.

Marital property is any asset acquired during the marriage or any property that includes both spouses’ names. Note that a prenuptial or postnuptial agreement could influence how property is divided during a divorce based on the terms both agreed to prior to signing that contract.

Who Keeps the House After a Virginia Divorce?

When considering how personal property is divided in a Virginia divorce, it is important to think about what happens to your home. Every divorce case is determined based on what is considered equitable. Various factors may contribute to this, including:

• The individual’s needs and desires for the home
• Whether there are child custody agreements in place, who will maintain custody, and whether child support is considered
• Each spouse’s income and ability to afford the continued care of the home
• Other factors in the divorce proceedings, such as exchanging the value of the marital home for other assets
• Whether the spouses can come to an agreement about marital funds and marital debts

In the ideal situation, you and your spouse agree, often with the help of our divorce lawyer, to determine the best possible way to divide assets, including real estate. You may want one component of your marital estate, while your spouse may want the other.

If both parties wish to keep the home and cannot come to an agreement, a Virginia court will intervene. In some cases, this may result in the court ordering the sale of the marital home, with the proceeds being divided equitably after any outstanding mortgages are settled.

Should I Move Out Before the Divorce is Finalized?

There are some situations in which moving out of the home, such as taking your personal effects from the home, could indicate to the court that you do not want the home. It can result in your loss of the home. In some courts, removing yourself from the house means removing yourself from the ability to keep that house.

The division of assets in this situation still considers your right to the value of the home. Therefore, before you make the decision to move out of the house, make sure you seek legal advice from a family law attorney about your rights to the home if you leave. Your safety is important, so don’t stay in a situation that could be dangerous for you.

Why Clients Randall, McClenney, Daniels & Dunn, PC

As an equitable distribution state, divorce in Virginia can be confusing and overwhelming. Do not go through the divorce process on your own. Instead, allow our highly skilled divorce attorneys to guide you. Once you establish a client relationship with our law firm, we fight hard for you to have the resources necessary to rebuild your life after your divorce, based on the well-being of the family.

Testimonials

“I had the privilege of engaging the services of Mr. Crawford Ellsworth for a last minute family law matter, and I am exceedingly happy with the results. Their mastery of the law, professionalism, and unwavering commitment was shown throughout the extent of my case. Mr Crawford maintained open lines of communication, ensuring I was well-informed and actively involved at every stage of the process. Thanks to their strategic approach and steadfast support, I achieved a favorable resolution that exceeded my initial plan. I wholeheartedly recommend Mr. Crawford to anyone in need of exceptional legal representation.“ — Trenton O.

“Experienced team of lawyer and paralegals. They handled my case efficiently from the initial consultation to the appearance in court and positive resolution.” — Yves R.

Are You Worried You Will Lose the House as a Marital Asset?

If you are facing divorce and want to keep your home or just want to navigate divorce laws with confidence, contact Randall, McClenney, Daniels & Dunn, PC for a consultation. Call 757-742-6115 or fill out our contact form online.