In the division of property what happens to a non-marital vehicle under Virginia law?

In a Virginia property division, a non-martial vehicle under VA law would not be part of the property division. The vehicle would be declared the separate personal property of whichever spouse owns it.

Under Virginia law, separate property is not included in the property division. The judge is the person who decides exactly what property is marital and what is separate property based on a number of factors, including:

• When the property came into the marriage

• How the property came into the marriage
• Who the property was given to

Separate property is defined as all property owned by a spouse before the marriage, property given to one spouse by inheritance or a gift as well as any property deemed separate by the spouses in a separate agreement that is recognized by the court such as a prenuptial agreement.

Once an agreement is made that anything is separate property of a particular spouse, the only way that this determination will be defeated by the court will be if the agreement is invalid for some reason. For instance, prenuptial agreements are invalid if a spouse did not disclose all of his/her assets or liabilities.

Generally speaking, however, the agreement does not have to be fair or equal with respect to determinations of separate property and courts are not going to check up on agreements presumably made under equal circumstances and opportunity between the parties.

Therefore, a non-marital vehicle under Virginia law will not come into the divorce in any way, shape or form.