Property Division

Equitable Distribution of Property

Equitable Distribution means the court will distribute your property however it seems fit, whatever it seems fair to them. That does not necessary mean 50/50. However, absent extreme circumstances, the courts in Virginia tend to make an equal division of property. That may include an award of spousal support.

Property Settlement Agreement

In order to avoid any uncertainty associated with litigation, it is always advisable that parties resolve their own disputes. We are here to guide you through the process as to what are your rights and responsibilities and what you can expect if you will find yourself in litigation.

Pursuant to § 20-107.3 of the Code of Virginia, the courts shall consider the following factors when determining the distribution of property and debts of the parties.

The contributions, monetary and nonmonetary, of each party to the well-being of the family;
The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
The duration of the marriage;
The ages and physical and mental condition of the parties;
The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivision A (1), (3) or (6) of § 20-91 or § 20-95;
How and when specific items of such marital property were acquired;
The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
The liquid or nonliquid character of all marital property;
The tax consequences to each party;
The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

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Disclaimer: Mehnaz Khan, Esq. is a debt relief agency. We help clients file bankruptcy relief under the Bankruptcy Code. Although most of the information contained in this website is legal in nature, nothing herein shall be construed as a legal advice or establishment of an attorney client relationship.

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