In Virginia, courts often divide a divorcing couple’s marital property with equity in mind, and what is equitable is not always equal. However, achieving a fair and just division can be difficult if the divorcing couple owns out-of-state property. Houses and cabins in other states may be beyond the jurisdiction of local courts, which means it is important to learn how Virginia handles properties beyond its borders.
How do Virginia courts divide properties in other states after a divorce?
In Virginia, the court can include out-of-state property when determining what to divide through equitable distribution. Judges can issue orders that require one or both spouses to cooperate to achieve a fair split of marital property. Even if local courts cannot transfer title of properties outside of Virginia, they can order spouses to:
- Sell the property and divide the net proceeds in a specified way
- Keep the property jointly for a period of time (when appropriate), with rules for expenses, use and eventual sale
- Award the property to one spouse and require them to “buy out” the other spouse’s marital share or offset it with other marital assets
If a spouse refuses to comply with a judge’s demands, such as refusing to sign sale documents or transfer paperwork, the court can enforce the order through contempt and other remedies.
What makes equitable distribution so important?
Equitable distribution aims to divide property fairly based on each spouse’s situation. It helps ensure one spouse isn’t left at a disadvantage after divorce, especially if one earned more, cared for the children, managed the home or put their career on hold.
When deciding what is fair, courts consider factors such as the duration of a marriage and the financial and non-financial contributions of each spouse. They may also consider each spouse’s economic circumstances.
Starting over after a divorce
Understanding how out-of-state property is handled during a divorce can help reduce uncertainty and prevent potential disputes. Adjusting to life after separation can be difficult, especially if a couple was married for a very long time. By dividing properties in the state and out, each spouse has a better chance of adapting to their new lives and pursuing exciting opportunities.