Virginia’s system of “equitable distribution” includes all property, real and personal. If you and your spouse are not able to agree, a judge will be required to make the decisions for you. An attorney can help with the often complex financial arrangements, and required provisions, to ensure everyone’s rights are fully protected. If you and your wife agree, the two of you can detail the property division in a written separation agreement. If you are wondering whether your wife might be able to take your inheritance, the answer is “maybe.” Property Division & The Separation Agreement Inheritance and divorce can be complicated as there are certain situations when separate assets cross over the line, and are now legally considered marital assets. The goal of this system is to divide up the marital assets fairly, considering both monetary and non-monetary contributions to the accumulation of assets. You may be asking, what about the inheritance I got from my grandparents? Or, the summer cottage that has been in my family for years?Īlong with 40 other states, Virginia has adopted the “equitable distribution” system of property division. What was once yours, is now ours, and future possession is up for debate.
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