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Marriage is the joining together of two people and at the time of the marriage both happily agree to share everything in their lives for better or for worse. Regrettably, many marriages don't stay for better or worse and they end in divorce for whatever reason. The problem is that during the period they have been married they have built up a collection of items and possessions that effectively are owned jointly and now, somehow they have to be divided. The largest item is likely to be the family home and although it was a glorious moment when the happy couple first purchased their home, now things have gone wrong it becomes an item that causes a lot of aggravation and heartache. After all, a home is the biggest and most expensive purchase most people ever make in their lives. If you are considering getting divorced it's essential you understand about the relevant laws relating to property rights when it comes to divorce. For example, if you owned a property prior to getting married and you kept it but didn't live in it as a couple it remains yours in its entirety; providing your spouse did not contribute to its upkeep. Additionally, if you have received a property as an inheritance or gift from a third party, it does not necessarily form part of the joint estate, unless bequeathed to both you and your spouse. The laws in place in the state of Virginia are clear insofar that marital property must in the event of a divorce be split in an equitable manner. It does not always mean a split of 50/50, because it depends on the needs of a person, how much they contributed during the marriage and each person's own financial position. It is important to note that if any other properties are owned, but not lived in by the couple getting divorced, then if they are looked after or paid for jointly then they become part of the marital estate and will be included for the purposes of equitable distribution. A court has the power to determine how to separate the property. This may be by awarding a monetary amount to one party and letting the other retain the property. Alternatively the court can decide that the property has to be sold to a third party or that one of the party getting divorced purchases the property from the other half at a price applicable on the open market at the time. Virginia law does not state that a property has to be divided equally. A court will look at various aspects relating to who has contributed more to buy the property and what contribution each party has played in maintaining it, looking after it and cleaning it. For example, if one of the parties has been paying for the home loan, but the other has looked after the home and maintained it the court will not necessarily decide to award more of the home's value to the person paying the loan. If you are getting divorced the simplest and best method to divide up your property to is try to do it amicably outside of the jurisdiction of the court. Lawrence Reaves writes for Ephraim Law, a divorce lawyer who can help you make sure you know your rights. To find an office in the Chesapeak area of Virgina follow this link here.
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