I own land and a house that I inherited from my parents before I was married. Can my spouse take this land in the divorce?

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Question:

I live in Virginia, and own land and a house that I inherited from my parents before I was married. Can my spouse take this land in the divorce?

Answer:

Since Virginia is a equitable distribution state, when the divorcing parties are unable to reach an agreement on dividing property the Virginia Court System will divide property on what they believe to be fair. The court will classify what they consider marital property during the discovery stage of the case.

Since your land and house was acquired before the marriage, it may b an exception to marital property. The best thing to do in your situation is to contact a lawyer in Virginia that specializes in divorce law. A divorce lawyer can help you figure out your rights, and will be able to tell you whether your home and other elements of your property may be exempt from equitable distribution.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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