It’s never easy separating one family and household into two during a divorce, but Virginia requires divorcing spouses to divide their marital property and assets in a way that’s fair and equitable if not exactly 50/50. In an equitable division of marital property state like Virginia, spouses must make full financial disclosures and then retain their separate assets and fairly distribute their marital assets and debts. This becomes a challenging process even for those with fundamental assets like a home and vehicles or a standard portfolio, but it’s even more complex for those with high assets or diverse portfolios.
Call the Manassas property division lawyers at Collins Family Law today for experienced legal representation with an attorney safeguarding your best interests throughout the process.
Why Choose Collins Family Law For Your Property Division Lawyers in Manassas?
Distinguishing between separate property and marital property during the divorce process quickly becomes complicated. The process of negotiating a fair settlement agreement to meet the needs of both spouses and satisfy the state’s requirement for fair and equitable division is often contentious. Our Manassas family law attorneys bring the following advantages to our clients:
- A well-grounded, knowledgeable voice guiding the often adversarial process and offering creative solutions
- A resolution-based approach that works toward an out-of-court settlement agreement whenever possible to avoid contention, but always with our client’s best interests as our priority
- Access to experienced financial advisors and a collaborative legal team
Every decision made during the division of property matters for your future. It’s always best to have a Manassas divorce attorney who is well-versed in the financial aspects of divorce to assertively protect your rights.
What Are Separate Assets During Property Division in Virginia Divorces?
Because Virginia is an equitable division of property state, divorcing spouses may retain their separate property while fairly dividing all property, assets, and debts accumulated during the marriage. This becomes complicated due to the comingling of separate assets that commonly occur during marriage. In a Virginia divorce, a spouse’s separate assets include:
- All property, accounts, assets, and valuables belonging to them before marriage
- All property and assets inherited during the marriage
- All assets, property, and valuables gifted to them alone during the marriage
In some circumstances, a spouse may claim a portion of the other spouse’s separate assets if commingling occurred, such as one spouse granting the other access to an account, or one spouse improving the other’s property and increasing its value.
What Are Marital Assets During Virginia Property Division?
Marital assets subject to equal distribution in a divorce include the following:
- All bank accounts, regardless of which spouse’s name is on the account
- All real estate property purchased during the marriage
- All assets accumulated during the marriage
- Retirement accounts and investment accounts
- Vehicles, boats, and RVs
- Household furnishings, appliances, artwork, electronics, and valuables
It’s important to have an experienced attorney during this process to help facilitate a settlement agreement or protect your interests in court.
Settlement Agreement Vs. Contested Divorce in Manassas Property Division Disputes
In the best-case scenario of divorce, both spouses meet with their attorneys and divide their property and assets in a way that satisfies both parties. For example, if one spouse wishes to keep the marital home they could trade their separate assets of equal value or their share of other marital assets, potentially satisfying both parties. Your Manassas property division lawyer from Collins Family Law can help with a fair agreement with or without a professional mediator. If both spouses aren’t able to reach mutually acceptable terms, the divorce becomes a contested divorce requiring both sides to present their arguments in court. Your lawyer will assertively argue for your best interests during property division in a contested divorce.
Call Collins Family Law to Consult With a Manassas Property Division Lawyer
Some divorcing spouses rush through the process and may lose out on property and assets that should rightfully belong to them. Other spouses dispute every term of the property division. An experienced property division lawyer becomes a well-grounded voice to navigate the process for the best possible outcome. Reach out to Collins Family Law to consult with a Manassas property division attorney for your consultation.