Can marital joint property be given to one spouse?

My husband and I are looking at a divorce most likely. He is threatening to take all the martial joint property.

Asked on March 14, 2018 under Family Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Generally speaking, no that does not happen.  Virigina considers marriage an economic partnership and divides property through a process called "equitable distribution." However, the court must consider certain factors in dividing property, so it isn't necessarily "equal" but "equitable."  I will give you a link to the Virginia Bar Association which will tell you the factors the court will consider.  Don't let him threaten you. Go see a lawyer. Good luck.

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