Buchbauer & McGuire, PC

110 North Braddock Street
Winchester, VA 22601-3914


(540) 722-2300


(540) 722-3174

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Monday – Friday
8:00am – 5:00pm

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Buchbauer and McGuire: 110 North Braddock Street, Winchester, VA 22601-3914

Property Division

In a divorce, all property owned by the parties must be classified and divided.  Virginia law classifies property as separate, marital or part separate and part marital (also called “hybrid” property).   Separate property owned by a spouse is not subject to division in a divorce proceeding, and instead remains owned by the spouse who acquired it.  Generally, separate property is property acquired prior to the marriage or inherited during the marriage.  The passive increase in value of a separate asset is also separate property.  Marital property is all property that is not separate.  Part separate and part marital property is self-explanatory, with perhaps the most common example being real property, the down payment for which was separate property but the equity in which was increased during the marriage through the payment of a mortgage or improvement from marital funds.

All marital and part marital property is distributed upon divorce in an equitable, not necessarily equal, manner. To determine what an equitable division of property is, the Court considers various factors, including:

  • The contributions, monetary and nonmonetary, of each party to the well-being of the family
  • The contributions, monetary and nonmonetary, of each party in the acquisition, care, and maintenance of the marital property
  • The duration of the marriage
  • The ages, physical, and mental condition of the parties
  • How and when specific items of marital property were acquired
  • The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities
  • The liquid or non-liquid character of all marital property
  • The tax consequences to each party
  • The circumstances and factors which contributed to the dissolution of the marriage, and related considerations
  • Inappropriate use or dissipation of martial property in anticipation of separation or divorce or after the last separation of the parties
  • Such other factors as the court deems necessary to consider in order to arrive at a fair and equitable monetary award