Generally, Virginia’s equitable distribution statute, Section 20-107.3, includes as separate property all property acquired during the marriage by gift, bequest, descent, survivorship or gift from a person other than the spouse.
Additionally, the date the gift or inheritance is actually received is the date to be used for the classification of the property.
However, it is important to note that separate property from a gift or inheritance may change or evolve from separate property to marital property by the use and maintenance of the property.
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.