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If the parties cannot come to a voluntary agreement the court will make a division according o the length of the marriage, the needs of the parties, the ability of the parties to acquire future assets, etc. There is not set formula but a case-by-case basis by a judge who tries to be fair.

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Q: How is property divided after a divorce between a husband and wife who both have their names on land and property in Virginia?
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Related questions

What does community property state mean?

The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.


Can an ex-spouse who lives in Mexico have a right to community property in California now that ex-husband has passed away?

No. Divorce severs the legal relationship between the parties. Once a couple has been divorced there are no community property rights between them. Their community property should have been divided as part of the divorce and once the divorce was final each has no claim to the estate of the other.


In South Carolina if you divorce and the house is in his name is the property divided between the parties?

The division of assets in a divorce depends on many factors and its up to the judge in most cases if the parties don't agree.


If a woman in Virginia gets a divorce what percent of her shared property is she entitled to?

50 percent


Does the state i live in divorce laws applied to me if i was married in a different state?

The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.


Are there any special laws for getting a divorce in Virginia?

In the state of Virginia, spouses can file for a fault or 'no-fault' divorce. The difference between Virginia and other states' divorce laws is in Virginia, both parties must agree to the divorce if there isn't anyone 'at fault' (desertion, bigamy, a felony conviction).


Is a house considered joint marital property in West Virginia if only the husband's name is on the deed?

West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.


divorce laws in virginia?

divorce laws in virginia


Is it true if a man divorces his wife then the wife gets half of what he owns?

The answer depends on the divorce laws in the jurisdiction where the parties reside.All property that is acquired during the marriage, except certain types of assets such as inherited property, is usually considered marital property regardless of which spouse owns the property or how the property is titled. Marital property is divided according to state divorce laws in the United States.In community property states the property is divided equally. In separate property states the property is divided according to the equitable distribution method- fairly but not necessarily equally.You meed to consult with an attorney who specializes in divorce in your jurisdiction who can review your situation and explain your rights and options.


If you get married in Virginia do you have to get divorce in Virginia?

NO, you can get divorce anywhere you wish.


What happens when an heir to property in the State of Virginia deceases is his ex wife a part of the heir property that was not her family's property?

An ex-wife, unless specifically named in a will created after the divorce, is not entitled to anything.


How long time you wait for divorce?

The answer depends on such factors as the law where you live, what type of divorce (fault-no fault), whether it is contested, whether there is property to be divided and whether there are children.