Wondering who gets the house in a Virginia divorce? Learn how equitable distribution works, what judges consider, and your options for keeping or selling the family home.
For many families, the house isn’t just a piece of property—it’s home. It’s where your kids grew up, where you’ve built memories, and often the biggest financial asset you own. So when divorce happens, one of the first questions is:
“Who gets the house in a Virginia divorce?”
In Virginia, the answer isn’t always simple. Unlike community property states that divide everything 50/50, Virginia uses equitable distribution, which means the court divides property in a way that is fair—not necessarily equal. Let’s unpack what that really means.
Step One: Marital vs. Separate Property
Before a judge decides who gets what, they have to figure out what’s actually marital property.
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Marital property includes anything acquired during the marriage, regardless of whose name is on the title or mortgage.
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Separate property includes property owned before the marriage, gifts, or inheritances.
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Hybrid property is part marital and part separate—this often comes up if one spouse owned the house before the marriage but both contributed to the mortgage or renovations during the marriage.
Even if your name is the only one on the deed, that doesn’t automatically mean you “keep” the house in a Virginia divorce.
Step Two: Equitable Distribution in Virginia
Once the court decides the house (or part of it) is marital property, it gets divided under Virginia’s equitable distribution laws.
Judges look at factors like:
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Each spouse’s contributions (financial and non-financial) to the family.
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The length of the marriage.
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Each spouse’s earning capacity and future needs.
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Circumstances leading to divorce (in some cases, misconduct like adultery may be considered).
The key word is fair, not equal.
Options for the Family Home in Divorce
There are several ways a house can be handled in divorce:
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One spouse buys out the other’s share.
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This usually requires refinancing the mortgage into one person’s name.
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Sell the home and split the proceeds.
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Often chosen if neither spouse can afford the house on their own.
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One spouse stays temporarily.
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Sometimes courts allow one parent to stay in the house (especially if kids are involved) for a period of time before selling.
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Creative solutions.
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Some couples agree to keep the house jointly for a while (for stability or investment reasons), though this is less common.
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The Emotional Side of “Who Gets the House”
For many parents, keeping the house feels tied to keeping stability for the kids. That’s a very real and valid concern. But it’s important to balance the emotional pull with the financial reality:
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Can you afford the mortgage, taxes, and upkeep on one income?
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Is it better long-term to downsize and create stability in a more manageable home?
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What does the overall property division look like (retirement accounts, debts, savings)?
Sometimes, selling the house—even though it’s painful—provides a cleaner financial break and a stronger foundation moving forward.
FAQ: Virginia Divorce and the Family Home
Can my spouse force me to sell the house in divorce?
Yes. If neither of you can afford the home or agree on a buyout, the court may order the house sold and the proceeds divided.
What if only my name is on the mortgage or deed?
If the house was purchased during the marriage with marital funds, it’s usually considered marital property—even if only one spouse’s name is listed.
Can I keep the house if we have children?
Courts sometimes allow the parent with primary custody to stay in the home temporarily for the children’s stability, but it’s not guaranteed.
What if I owned the house before the marriage?
It may be considered separate property, but any increase in value during the marriage—or contributions from your spouse—could make part of it marital.
Bottom Line
In a Virginia divorce, nobody can guarantee you’ll get to “keep the house.” The outcome depends on whether it’s marital property, what’s fair under equitable distribution, and whether keeping it is financially realistic.
What you can do is plan ahead, understand your options, and work with a skilled Virginia divorce lawyer who can help you negotiate or present your case clearly in court.
At Collins Family Law, PC, we help clients in Northern Virginia protect what matters most during divorce. If you’re worried about what will happen to your home, call us today at (703) 755-7343 to schedule a consultation.