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Tag: marital property

A Virginia Beach Divorce Lawyer Discusses Separate Property, Marital Property, and Hybrid Property.

A Virginia Beach Divorce Lawyer discusses separate property, marital property, and hybrid property:

Section 20-107.3 of the Code of Virginia, 1950, as amended defines “separate property,” “marital property” and “part marital and part separate property. As the Code notes, “separate property” is defined as (i) all property, real and personal, acquired by either party before the marriage; (ii) all property acquired during the marriage by bequest, devise descent, survivorship or gift from a source other than the other party; (iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) any part of marital property which may be declared separate property pursuant to court order. Furthermore, income received from separate property during the marriage is separate property if not attributable to the personal effort of either party and the increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increase and then only to the extent of the increases in value attributed to such contributions. Additionally, the personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributed thereto is to be considered marital property.

“Marital property” is defined as (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise; (ii) that part of any property classified as marital pursuant to court order or (iii) all other property acquired by each party during the marriage which is not separate property as set forth above.

Hybrid property is property that is part separate and part marital. The hybrid property can evolve from separate property due to the personal efforts of the parties.

A Norfolk Divorce Lawyer Discusses Gifts, Bequests, and Inheritances.

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.

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