In Virginia, separate property is outlined as property acquired earlier than marriage, or throughout marriage by present or inheritance. Which means any funds or property acquired as an inheritance sometimes stay the only real property of the recipient partner, even through the marriage. For instance, if one partner inherits a home from a guardian, that home is usually thought of their separate property.
Understanding the excellence between separate and marital property is essential in Virginia, notably throughout divorce proceedings. Correct classification of property impacts equitable distribution, the method by which the court docket divides property between spouses upon divorce. Defending inheritances as separate property ensures that people retain management over property acquired from household, offering monetary safety and preserving the intent of the unique bequest. This precept has lengthy been a cornerstone of property regulation within the Commonwealth.