Full question:
Prior to our marriage, my husband purchased the land on which our home is built. He deeded the land in both our names soon after we married, which we together signed over as security for the construction loan, and avoiding mortgage insurance. Being that he owned the land prior to our marriage, but then retitled the deed of the land to include both our names, is the land considered to be separate property or marital? Also, I helped maintain the property and marital funds were used to pay property taxes, if that helps with the decision.
- Category: Marriage
- Subcategory: Marital Property
- Date:
- State: Virginia
Answer:
In Virginia, property division during divorce is based on equitable distribution. This means the court divides marital property fairly, considering various factors, including each spouse's contributions to property acquisition and maintenance, and the length of the marriage.
Generally, property owned before marriage is considered separate property. However, if the property is retitled in both names, it may be classified as marital property. Since your husband deeded the land into both names after marriage, this act likely transmuted the property into marital property.
Additionally, your contributions to maintaining the property and using marital funds for property taxes strengthen the argument that the land should be considered marital property. Virginia law (Va. Code § 20-107.3) states that property retitled in both spouses' names is typically treated as marital property unless proven otherwise.
Ultimately, the court will assess the situation based on the specific facts and contributions of both parties.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.