What is considered community property?

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What is considered community property?

My husband hit me on our honeymoon and since then the relationship has spiralled downward. We have been separated since the return from our honeymoon and plan to divorce. The only things we purchased since being married were on our honeymoon, which consisted of souvenirs, etc. Can anything purchased prior to the actual marriage be considered community property now? I was given a car prior to the marriage and was told it was a wedding gift but we did not put the car in my name and he wants to keep it. He also wants part of the ring back. I spent money and incurred debts based on his encouragement that I would have him to rely on and help pay off credit debt that I am now stuck with.

Asked on October 12, 2010 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  I think that it may be best for you to seek help from an attorney in your area.  Virginia is not a "community property state" where assets acquired during the marriage are divided 50/50.  It is an "equitable distribution state" where assets acquired during the marriage are divided "equitably."  But I think that what you really mean is what will be considered "marital property" and "separate" property.  Wedding gifts are assumed to be both of yours.  The car may be a issue.  The wedding ring may be your to keep.  the debt may also be your alone.  You really need to sit down with an attorney and bring in all of your documents and try and figure things out piece by piece.  And the sooner the better so that you can start your life over. Good luck to you.  


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