Community Property in Virginia
State-specific overview · Family Law
Virginia does not recognize community property; all marital property division follows equitable distribution principles instead.
How Virginia treats Community Property
Virginia is an equitable distribution state, meaning courts divide marital property fairly but not necessarily equally between spouses upon divorce. Property acquired during marriage is considered marital property subject to division, but ownership depends on how title is held and the circumstances of acquisition. The court considers factors like each spouse's contributions, earning capacity, and length of marriage when determining a fair split. Separate property—owned before marriage or received as a gift or inheritance—remains with the original owner.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.