In Virginia, separate property is defined as assets acquired before marriage, or during marriage by gift or inheritance. This means that any funds or assets received as an inheritance typically remain the sole property of the recipient spouse, even during the marriage. For example, if one spouse inherits a house from a parent, that house is generally considered their separate property.
Understanding the distinction between separate and marital property is crucial in Virginia, particularly during divorce proceedings. Proper classification of assets impacts equitable distribution, the process by which the court divides property between spouses upon divorce. Protecting inheritances as separate property ensures that individuals retain control over assets received from family, providing financial security and preserving the intent of the original bequest. This principle has long been a cornerstone of property law in the Commonwealth.