Virginia is a separate property state. This means that assets acquired during a marriage belong to the individual who earned or received them. Separate property remains individually owned unless explicitly commingled or titled jointly with the spouse. For example, if one spouse receives an inheritance, it remains their separate property unless they take specific steps to combine it with marital assets.
The separate property system offers individuals autonomy over their finances and clarifies ownership in cases of divorce or death. It provides a clear framework for inheritance rights and financial independence. Historically, this system reflected societal norms where individual ownership, particularly for men, was strongly emphasized. While equitable distribution laws exist to ensure fairness in divorce proceedings, Virginia’s foundation remains rooted in separate property ownership.
