Disposition of real property is a central concern in many divorce proceedings within the Commonwealth. The marital home often represents a significant asset, and its allocation is determined through equitable distribution principles outlined in Virginia law. Unlike community property states, Virginia adheres to a system where marital assets are divided fairly, though not necessarily equally, considering various factors.
The equitable distribution process aims to ensure a just outcome, taking into account contributions, both monetary and non-monetary, of each spouse during the marriage. This includes direct financial contributions towards the property, as well as contributions to the family’s well-being that indirectly allowed for acquisition and maintenance of assets. The court also considers factors like the length of the marriage, the health and ages of the parties, and the circumstances that contributed to the dissolution of the marriage.