Divorce and Selling Your Home – What’s Community Property?

Divorce, selling your home, and community property

Today we are talking about another aspect of our tips for selling a home
during divorce. If you are getting a divorce in the state of Virginia, whether or
not you plan to sell the house, the first thing you need to do is decide how to
divide your property and assets.
What Is Community Property?

In Virginia, we have something called community property. Virginia considers
anything acquired during marriage as community property. Married couples
share community property belongings equally.
Again, community property is defined as anything acquired during marriage,
and includes things such as a 401k, stocks, bonds, rental property, or
When you are getting a divorce, the best thing you can do is work with your
spouse to determine who will get what. Even though both people have an
equal claim of many items, it doesn’t necessarily mean everything will be
divided equally.
Many times the court will look at who is at fault for the divorce and who is the
primary “breadwinner”. They also consider which parent becomes the primary

caretaker of any children. All of these factors help determine how a court
divides community property in a divorce.
What Is Separate Property?

Separate property includes anything acquired before marriage, but sometimes
also includes inherited property, gifted items, gifted property, personal injury
claims, and anything you buy and deed as sole and separate property while
Below, we explore each of these separate property items.

  1. Inherited Property

If one spouse inherits a property solely in their name, it is considered separate
property by the state of Virginia.

  1. Gifted Item Or Property

If one spouse is gifted an item from the other, such as wedding rings or
watches for example, it is separate property.

  1. Personal Injury Claims

Was one spouse injured during the marriage and receive a claim?
In this case, the property and future awards belongs solely to the injured party
that received the claim.

  1. Anything You Buy And Deed As Sole And

Separate Property

When married, it’s still possible to buy something and seem it sole and
separate property.
However, both parties must agree that the item was purchased separately and
solely for one spouse.
For more information regarding how to sell your house quickly in a divorce,
check out our other posts on the topic, or call us for a no-obligation quote on
your Richmond house.

Contact us for a free, no-risk quote within
24 hours.
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